Surpassed by ‘juniors’: Peshawar judge resigns in protest

Says promotions are politically motivated; accuses Justice Chaudhry of bias.

PESHAWAR:

Justice Shahjehan Yousafzai, a Peshawar High Court (PHC) judge, submitted his resignation to President Asif Zardari on Thursday in protest against what he termed was elevation of junior judges to senior posts, while ignoring his seniority.

The judge also lashed out against Chief Justice of Pakistan Iftikhar Mohammad Chaudhry, accusing him of bias and manipulating the Judicial Commission.

Announcing his resignation at a press conference, Justice Yousufzai also questioned decisions of the Judicial Commission (JC) and the parliamentary committee for judges’ appointment.

The judicial commission, in a meeting on October 27, recommended the appointment of incumbent PHC chief, Justice Ejaz Afzal Khan, as a Supreme Court judge, and a junior judge of PHC, Justice Dost Muhammad, as his replacement. The parliamentary committee subsequently endorsed the recommendations.

“On the basis of serving tenure, I am the senior-most judge of the PHC,” Justice Yousafzai said.

“I sent my resignation to the president because it was the second time that judges junior to me were promoted,” the judge said while speaking to The Express Tribune. Earlier, Justice Afzal had superseded Justice Yousufzai for the post of PHC chief justice. Justice Afzal, he said, is three-and-a-half years junior to him.

“I do not feel it is appropriate to continue my duties at the bench any longer,” he said.

“The commission recommendations duly endorsed by the Parliamentary Committee are politically motivated, especially on the part of Iftikhar Mohammad Chaudhry, chairman of the Judicial Commission,” Yousufzai alleged, accusing the CJP of being biased towards him.

Justice Yousufzai said he was the first judge in the history of the PHC to resign.

Meanwhile, Justice Muhammad was sworn in as the chief justice of PHC at the Governor House on Thursday.

Published in The Express Tribune, November 18^th, 2011.