Propriety: SC orders LHC verdict removed from record

Justice Khawaja said, “Judgment are being passed on the basis of a media trial but we don’t adopt this practice.”

LAHORE:

The four-member Supreme Court bench severely criticised the Lahore High Court’s order setting aside Prof Malik Hussain Mubashar’s appointment as vice chancellor of the University of Health Sciences (UHS), saying the judgement appeared to have been “based on a media trial”.

Hearing appeals against the LHC’s decision on Wednesday, Justice Jawad S Khawaja said, “Judgment are being passed on the basis of a media trial but we [the SC] don’t adopt this practice.”

He read from the judgment, “There is a hue and cry about the appointment and corruption of Dr Mubashar in the media.” He added, “[Justice] Shahid Sahab has written many things in his order.”

A division bench of the LHC consisting of Justice Chaudhry Shahid Saeed and Justice Abdul Waheed Khan passed the order on February 27.

Justice Saqib Nisar of the LHC criticised the judgment for its portrayal of the search committee, which included Justice (retired) Amir Raza Khan and Senator Ishaq Dar as members. The LHC order read: “....the search committee did not search for the [best] candidate but did what it was asked to do and recommended the name of the person decided by someone beforehand.”

Justice Nisar also criticised the judgment for being critical of Prof Mubashar. “I don’t want that this order should continue on the record and stand intact,” he said. The bench ordered that the LHC judgement should not be published in law journals, nor remain part of the record.

Published in The Express Tribune, March 15^th, 2012.