PHC CJ sees bias in elevation of judges to SC

PESHAWAR:

Peshawar High Court (PHC) Chief Justice Muhammad Ibrahim Khan on Wednesday expressed concern over non-consideration of his name for the elevation of judges to the Supreme Court from Khyber-Pakhtunkhwa province.

In a letter to Chief Justice of Pakistan Qazi Faez Isa, Chief Justice Khan wrote that he was the second senior-most high court chief justice in Pakistan. He expressed his disappointment that his candidacy was not even considered despite his seniority and eligibility for vacancies in the apex court.

Currently, there are four vacancies of judges in the Supreme Court. Recently, the Judicial Commission of Pakistan (JCP) recommended the elevation of Balochistan High Court Chief Justice Naeem Akhtar Afghan to the apex court.

“It was a profound disappointment when I learnt that only one judge and that too from your own province, was appointed in the Supreme Court despite the fact that there were four vacancies,” the PHC chief justice wrote in the letter.

“I am genuinely happy for my brother Mr Justice Naeem Akhtar Afghan but why my candidacy was not considered notwithstanding my seniority, eligibility and availability of vacancies in the Supreme Court,” he added.

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Chief Justice Ibrahim Khan said that he was writing to the letter with “a sense of disillusionment in relation to prima facie arbitrariness, discrimination and favouritism in the appointment of judges” in the Supreme Court.

“I had legitimate expectation that my candidature would be at least included in the list for consideration to be appointed as a Judge of the Supreme Court,” he said. “Had I not been found fit to be appointed as Judge of Supreme Court after due process by [JCP], I would have happily accepted the JCP’s decision.”

The PHC chief justice believed that considering the substantial backlog, Chief Justice Isa might feel inclined or even obligated to promptly fill the vacancies in the apex court, particularly given the sentiment among the countrymen that they were being deprived of swift justice.

“The taxpayers, who pay for our salaries, expect that vacancies are filled immediately so that the court may operate at full strength and dispense justice. There is a duty to act diligently. This decision of solitary appointment has left me perplexed and seeking genuine answers, he continued.

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Chief Justice Ibrahim Khan also pointed out that at present, there were three judges in the Supreme Court from Balochistan, while only two belonged to Khyber-Pakhtunkhwa. Comparing the two provinces on any analogy, he added, there would be one more vacancy for the K-P province.

“Unfortunately, I lack the personal connections that often play a role in such elevations. This lack of advocacy or lobbying on my behalf should not be a deterrent to recognising the merit and the commitment that I have demonstrated towards upholding justice,” the PHC chief justice stressed.

He explained that the purpose of writing the letter was not to directly challenge the decision made, but rather to seek clarification and assurance that the principles of merit, fairness, and equality of opportunity were being maintained.