Judicial propriety: PTI’s message of support to judge seen as inappropriate
Lawyers object to PTI local leaders’ banners congratulating judge on elevation to High Court.
LAHORE:
Legal experts have criticised banners put up on city roads conveying the Pakistan Tehreek-i-Insaf’s congratulations to a Lahore High Court judge upon his elevation, saying it could cast doubt on his impartiality.
“On behalf of the Pakistan Tehreek-i-Insaf, we congratulate Mr Abdul Sami Khan on becoming a justice of the High Court,” read the banners, one of which was installed near Shahdara Station on GT Road three days ago.
The banners were sponsored by PTI Additional General Secretary Lahore and organiser for PP-137 Engineer Yasif Gilani, and PP-137 executive committee member Abdul Manan. However, a PTI Central Executive Committee member sought to distance the party from the banners, saying they were not officially sponsored.
Legal experts said that such banners were usually put up for politicians and this was the first time they had seen congratulatory advertisements for a judge. They said the banners would make people think of the judge as loyal to the party, which would be improper for a judge.
Lawyers
Former federal law minister SM Masood said lawyers could support any party they liked, but once they were elevated to the bench, they were supposed to be non-partisan and non-political figures. “By installing such banners, the PTI is saying that they favour Justice Khan and the judge favours them,” he said. “It would be appropriate for the judge to distance himself from the banners to maintain his dignity and impartiality.”
Justice Ibadur Rehman Lodhi, Justice Shujaat Ali Khan, Justice Ayesha A Malik and Justice Shaikh Shahid Waheed were also sworn in as LHC judges for one year on March 27, along with Justice Abdul Sami Khan. Masood said that by singling out just one judge for congratulations, the banners gave the impression of a special relationship between them.
Lahore High Court Bar Association President Shahram Sarwar Chaudhry, asked to comment on the banners, said he was “astonished” by them. “A judge has to make decisions on cases from all parties and sects. He must be beyond any party affiliation,” he said.
He said it would be wrong to condemn the judge, as he may not have had anything to do with the banners. “Only the PTI workers know why they installed it. They should know such messages are reserved for politicians or holders of government offices, not constitutional offices,” he said.
Supreme Court Bar Association President Yasin Azad said the banners were “below the dignity of a High Court judge”. He said that this was the first time he had heard of such an incident in his 40 years of legal practice.
“Lawyers even consider it defamatory to install such banners for those elected as bar representatives,” he said, adding that after he was elected president of the SCBA, a member of the executive committee sponsored banners congratulating him on his win. “Many senior lawyers insulted him and compelled him to remove the banners,” he said.
Azad said that the bar association had already expressed reservations over the elevation of the five judges. He said the issue should be highlighted.
PTI
Abdul Manan, one of the sponsors of the banners, said that he had set them up on behalf of his party. He said that Justice Khan was from his constituency and that’s why they felt the need to congratulate him. He said Justice Khan was not and had never been a member of the PTI, but his nephews Mazhar Khan and Ali Khan were active members. He added that there were 17 male members of the judge’s family who were eligible to vote.
He said the banners were not meant to portray the judge as partial to the PTI, but to show “the party’s appreciation for impartial personalities and to convince them to remain firm on merit”. He said local leaders of the PTI went to the residence of Justice Khan and congratulated him after his elevation. He said they were also planning to invite him to give a talk about merit.
Advocate Ahmad Awais, a PTI Central Executive Committee member, said the banners were inappropriate and they did not have the party’s official sanction. He said he would take up the matter with the party leadership so there was no repeat in the future. He said that the Lahore High Court should take note of the matter.
Published in The Express Tribune, April 2nd, 2012.
Correction: An earlier version of this story mentioned the SCBA President as Yasif Azad instead of Yasin Azad. The error has been rectified.
Legal experts have criticised banners put up on city roads conveying the Pakistan Tehreek-i-Insaf’s congratulations to a Lahore High Court judge upon his elevation, saying it could cast doubt on his impartiality.
“On behalf of the Pakistan Tehreek-i-Insaf, we congratulate Mr Abdul Sami Khan on becoming a justice of the High Court,” read the banners, one of which was installed near Shahdara Station on GT Road three days ago.
The banners were sponsored by PTI Additional General Secretary Lahore and organiser for PP-137 Engineer Yasif Gilani, and PP-137 executive committee member Abdul Manan. However, a PTI Central Executive Committee member sought to distance the party from the banners, saying they were not officially sponsored.
Legal experts said that such banners were usually put up for politicians and this was the first time they had seen congratulatory advertisements for a judge. They said the banners would make people think of the judge as loyal to the party, which would be improper for a judge.
Lawyers
Former federal law minister SM Masood said lawyers could support any party they liked, but once they were elevated to the bench, they were supposed to be non-partisan and non-political figures. “By installing such banners, the PTI is saying that they favour Justice Khan and the judge favours them,” he said. “It would be appropriate for the judge to distance himself from the banners to maintain his dignity and impartiality.”
Justice Ibadur Rehman Lodhi, Justice Shujaat Ali Khan, Justice Ayesha A Malik and Justice Shaikh Shahid Waheed were also sworn in as LHC judges for one year on March 27, along with Justice Abdul Sami Khan. Masood said that by singling out just one judge for congratulations, the banners gave the impression of a special relationship between them.
Lahore High Court Bar Association President Shahram Sarwar Chaudhry, asked to comment on the banners, said he was “astonished” by them. “A judge has to make decisions on cases from all parties and sects. He must be beyond any party affiliation,” he said.
He said it would be wrong to condemn the judge, as he may not have had anything to do with the banners. “Only the PTI workers know why they installed it. They should know such messages are reserved for politicians or holders of government offices, not constitutional offices,” he said.
Supreme Court Bar Association President Yasin Azad said the banners were “below the dignity of a High Court judge”. He said that this was the first time he had heard of such an incident in his 40 years of legal practice.
“Lawyers even consider it defamatory to install such banners for those elected as bar representatives,” he said, adding that after he was elected president of the SCBA, a member of the executive committee sponsored banners congratulating him on his win. “Many senior lawyers insulted him and compelled him to remove the banners,” he said.
Azad said that the bar association had already expressed reservations over the elevation of the five judges. He said the issue should be highlighted.
PTI
Abdul Manan, one of the sponsors of the banners, said that he had set them up on behalf of his party. He said that Justice Khan was from his constituency and that’s why they felt the need to congratulate him. He said Justice Khan was not and had never been a member of the PTI, but his nephews Mazhar Khan and Ali Khan were active members. He added that there were 17 male members of the judge’s family who were eligible to vote.
He said the banners were not meant to portray the judge as partial to the PTI, but to show “the party’s appreciation for impartial personalities and to convince them to remain firm on merit”. He said local leaders of the PTI went to the residence of Justice Khan and congratulated him after his elevation. He said they were also planning to invite him to give a talk about merit.
Advocate Ahmad Awais, a PTI Central Executive Committee member, said the banners were inappropriate and they did not have the party’s official sanction. He said he would take up the matter with the party leadership so there was no repeat in the future. He said that the Lahore High Court should take note of the matter.
Published in The Express Tribune, April 2nd, 2012.
Correction: An earlier version of this story mentioned the SCBA President as Yasif Azad instead of Yasin Azad. The error has been rectified.