Punjab rejects LHC CJ picks for five ATCs

ISLAMABAD:

The Punjab government has refused to appoint five anti-terrorism courts judges who were nominated by Lahore High Court Chief Justice Malik Shahzad Ahmad Khan, and instead called for a “meaningful consultation” on the matter.

Sources told The Express Tribune that the Punjab government had written a letter the LHC registrar, communicating the provincial cabinet's decision.

It has been learnt that the matter was placed before the Punjab cabinet on May 14.

On March 20, the LHC chief justice nominated District and Sessions Judge Khalid Arshad for ATC-I, Lahore. On the same day, he also put forth the name of District and Sessions Judge Asad Hafeez for ATC-Il, Lahore.

Later, the nomination of judge Hafeez was withdrawn and Irfan Haider was named for his appointment as the judge of ATC-Il, Lahore.

Muhammad Abbas was nominated for his appointment as the judge of the ATC, Sargodha from where ljaz Ahmad Buttar was repatriated.

Similarly, Muhammad Naeem Saleem was named for his appointment as the judge of ATC, Gujranwala from where Natasha Naseem Sipra was transferred.

Zia Ullah Khan was nominated for his appointment as the ATC, Sahiwal judge.

Likewise, the name of Raja Shahid Zameer was put forth for his appointment as the ATC, Faisalabad judge.

Read also: LHC CJ 'ruffles executive's feathers' amid mounting tensions

The sources told The Express Tribune that the provincial government in its letter referred to Section 14(2)(3)(4) of the Anti-Terrorism Act, 1997.

This section stipulates that the government will make appoint ATC judges in consultation with the high court’s chief justice.

Furthermore, consultation with the high court’s chief justice is necessary for the provincial government to remove any ATC judge prior to the completion of their term.

The provincial government informed the LHC CJ that the term "consultation" had been judicially interpreted by the superior courts of the country.

"It is settled by the August Supreme Court that that consultation has to be a meaningful consultation, geared towards achieving ‘meeting of minds’ and that such consultation is to be purposive and consensus-oriented. The reference in this regard is made to various judicial pronouncements including the landmark judgments of Al-Jehad Trust case (PLD 1997 SC 84), Al-Jehad Trust Case (PLD 1996 SC 324), Sh. Riaz ul Haq case (PLD 2013 SC 501) and Imran case (PLD 1996 Lah 542) wherein the term consultation has been interpreted,” read the letter.

The Punjab government requested the LHC CJ for necessary action for a “meaningful” consultation between them.

It has further been learnt that the Punjab government had formed a committee headed by the provincial law minister for consultation on the nominations.

The sources revealed that the executive authorities were concerned that these judges might be reluctant to apply terrorism charges to last year’s May 9 riots suspects.

Read: ATC judge's conduct under scrutiny

Several PTI leaders in Punjab have had terrorism cases filed against them.

Over the past two months, the LHC CJ has convened two full court meetings, during which a majority of judges acknowledged that interference of the country’s intelligence agencies in judicial functions was a widely recognised "secret”.

The judiciary in Punjab has suggested eliminating the executive's involvement in the appointment and transfer of special court judges. This step is aimed at curbing judicial manipulation.

The apex court recently sought the high courts’ opinions while hearing the suo motu case of a letter penned by six Islamabad High Court judges in which they accused the security apparatus of interfering in their judicial affairs.

The LHC in its response submitted to the SC stated that there always remained more chances of "interference" in the ATCs and anti-corruption courts, where sensitive matters were decided.

“Therefore the high courts should be empowered to directly make transfer and postings of the judges of said courts without approval/interference of the federal government. The relevant provisions of law in this respect [should] be directed to be announced immediately," it added.

On the other hand, the LHC CJ and lawyers are also at loggerheads on multiple issues, particularly the relocation of lower courts to new premises within Lahore.