Lawyers voice concern at process of judges’ appointment to superior judiciary

Demand high court chief justices should consult them before recommending names for judges.

LAHORE:

Top lawyer bodies have expressed concerns at the process of appointing judges to the superior judiciary.  At a joint news conference in Lahore on Monday, the heads of the Pakistan Bar Council, Supreme Court Bar Association, Lahore High Court Bar Association, Punjab Bar Council, Balochistan Bar Council also called upon the apex court to not give priority to ‘handpicked cases’.

The news conference comes at a time when several high-profile cases – including the contempt charges against the prime minister and Memogate scandal – are pending before the Supreme Court.

In a statement read out at the news conference, the lawyer leaders said the process of judges’ appointment should be based on evolving a consensus by the judicial commission, rather than depending solely on the principle of majority.

The lawyer leaders said that being a real stakeholder, they must be consulted by chief justices of high courts before recommending lawyers for their appointment as judges of superior judiciary.

To ensure transparency, minutes of meetings of the judicial commission must be shared with the Pakistan Bar Council and provincial bar councils. They demanded that judicial appointments be made on the basis of integrity and competence and not personal loyalty to certain individuals.

“We also believe that former judges who had taken oath after the withdrawal of the Provisional Constitutional Order (PCO) and were later removed by the Supreme Court may be considered again,” the statement read.

“We feel that handpicked cases are given preference over cases filed by the common man, causing extreme hardships to lawyers and litigants alike. We express serious concerns over the prevailing law and order situation in general, and target killing of lawyers in particular,” the statement adds.

Condemning target killings, abduction and mysterious disappearances of colleagues, such as former chairman of PBC’s executive committee Nasrullah Warraich, they demanded that the government take immediate action to restore order in the country.

Expressing dissatisfaction over governance at both federal and provincial levels, the lawyer leaders called for checking rising inflation and protecting human rights in Balochistan.

Attendees at the news conference included Pakistan Bar Council Vice Chairman Akhtar Hussain, PBC Executive Committee Chairman Burhan Moazzam Malik, Supreme Court Bar Association President M Yaseen Azad, Lahore High Court Bar Association President Shehram Sarwar, Punjab Bar Council Vice Chairman Ghulam Abbas Nassoana and Balochistan Bar Council Executive Committee Chairman Muneer Kakar.

Published in The Express Tribune, March 6^th, 2012.