After 2-year delay, CJP tells govt enough is enough, fill vacant courts
Sindh government dragged its feet on recommendations made by the SHC CJ.
KARACHI:
A two-year disagreement over appointing judges was tackled on Tuesday when the country’s top judge put his foot down and told the government to wrap up the matter in two days.
Chief Justice Iftikhar Muhammad Chaudhry ordered the Sindh government to fill all eight vacant posts of judges to the province’s Anti-Terrorism Courts.
The delay was caused by a difference of opinion between the chief justice of the Sindh High Court and the government. Names were recommended but no decision was taken as the government was reluctant to appoint the recommended lawyers or former judges, observed the bench.
Senator Babar Awan, representing the federal government, sprang from his seat and said, “Only sitting sessions court judges can be appointed and thus the government has no problem”.
The government wants its own nominees, remarked Justice Sarmad Jalal Osmany. “I faced this problem as chief justice.”
“Give us the list and we will do it by tomorrow,” came Awan’s swift assurance.
“Get the names from the chief justice of the SHC,” the bench told him.
The SHC CJ had disagreed with the government’s list of names on the grounds that some of them did not qualify to become terrorism court judges, said another member of the bench to which CJP Iftikhar Muhammad Chaudhry summoned the law secretary after the tea break.
When the bench reassembled, the additional law and home secretaries were in court in addition to the high court’s registrar who handed over the list to the bench. It was also pointed out to the bench that identical positions existed for banking courts. Here too the government wanted its nominees inducted.
The summary was not sent; the chief minister and law minister are busy touring flood-hit areas, said Advocate General of Sindh Abul Fattah Malik. “We will complete the exercise within the next three days,” he said, seeking more time.
The courts have been vacant for two years despite recommendations made by the chief justice, said the bench. “What type of government and governance is this?” There should be no compromise when it comes to judicial appointments, it added.
A general impression is being created that the judiciary is not delivering as expected but 75 positions for judges across Sindh’s courts are vacant. The government created all possible hurdles. I am saying this with full responsibility as the former chief justice of the SHC, said Justice Anwar Zaheer Jamali. Even the order by the CJP was not implemented, pointed out Justice Amir Hani Muslim. It is a big problem, came the acknowledgment from the Advocate General of Sindh. He was then told by two judges of the bench that the recommendations were in fact made by them and the incumbent SHC CJ had forwarded them without making any changes as honest men of repute were recommended as judges.
The CJP then passed an order, directing the government to decide the issue within the next two days. The bench referred to the law and order situation in Karachi, the huge number of FIRs and trials before ATCs in cases of terrorism, extortion, etc, and said that in view of the number of cases it was imperative to take action.
This pressing issue of empty courts and the need for new speedy trial courts was raised by Iftikhar Javed Kazi, who speaks for the Sindh Bar Council, and the Karachi Bar Association that represents lawyers across Sindh. They sought these changes in order to seek swift justice for the 13 lawyers who have been shot dead in the last eight months.
Published in The Express Tribune, September 7th, 2011.
A two-year disagreement over appointing judges was tackled on Tuesday when the country’s top judge put his foot down and told the government to wrap up the matter in two days.
Chief Justice Iftikhar Muhammad Chaudhry ordered the Sindh government to fill all eight vacant posts of judges to the province’s Anti-Terrorism Courts.
The delay was caused by a difference of opinion between the chief justice of the Sindh High Court and the government. Names were recommended but no decision was taken as the government was reluctant to appoint the recommended lawyers or former judges, observed the bench.
Senator Babar Awan, representing the federal government, sprang from his seat and said, “Only sitting sessions court judges can be appointed and thus the government has no problem”.
The government wants its own nominees, remarked Justice Sarmad Jalal Osmany. “I faced this problem as chief justice.”
“Give us the list and we will do it by tomorrow,” came Awan’s swift assurance.
“Get the names from the chief justice of the SHC,” the bench told him.
The SHC CJ had disagreed with the government’s list of names on the grounds that some of them did not qualify to become terrorism court judges, said another member of the bench to which CJP Iftikhar Muhammad Chaudhry summoned the law secretary after the tea break.
When the bench reassembled, the additional law and home secretaries were in court in addition to the high court’s registrar who handed over the list to the bench. It was also pointed out to the bench that identical positions existed for banking courts. Here too the government wanted its nominees inducted.
The summary was not sent; the chief minister and law minister are busy touring flood-hit areas, said Advocate General of Sindh Abul Fattah Malik. “We will complete the exercise within the next three days,” he said, seeking more time.
The courts have been vacant for two years despite recommendations made by the chief justice, said the bench. “What type of government and governance is this?” There should be no compromise when it comes to judicial appointments, it added.
A general impression is being created that the judiciary is not delivering as expected but 75 positions for judges across Sindh’s courts are vacant. The government created all possible hurdles. I am saying this with full responsibility as the former chief justice of the SHC, said Justice Anwar Zaheer Jamali. Even the order by the CJP was not implemented, pointed out Justice Amir Hani Muslim. It is a big problem, came the acknowledgment from the Advocate General of Sindh. He was then told by two judges of the bench that the recommendations were in fact made by them and the incumbent SHC CJ had forwarded them without making any changes as honest men of repute were recommended as judges.
The CJP then passed an order, directing the government to decide the issue within the next two days. The bench referred to the law and order situation in Karachi, the huge number of FIRs and trials before ATCs in cases of terrorism, extortion, etc, and said that in view of the number of cases it was imperative to take action.
This pressing issue of empty courts and the need for new speedy trial courts was raised by Iftikhar Javed Kazi, who speaks for the Sindh Bar Council, and the Karachi Bar Association that represents lawyers across Sindh. They sought these changes in order to seek swift justice for the 13 lawyers who have been shot dead in the last eight months.
Published in The Express Tribune, September 7th, 2011.