The Supreme Court has trashed the federal government’s appeal against a high court verdict that overruled the parliamentary committee’s decision not to recommend two judges in the Sindh High Court.
The hearings had been put off on Wednesday and Thursday as the federal government’s lawyer failed to appear in the court. On Friday, Justices Anwar Zaheer Jamali, Sarmad Jalal Osmany, Amir Hani Muslim and Muhammad Athar Saeed heard Deputy Attorney General Ashikue Raza.
The bench grilled the DAG on the main reasons given by the parliamentary committee for not confirming the two judges.
The parliamentary committee on appointment of judges had accused Justice Ghulam Sarwar Korai of tax evasion while the name of Justice Irfan Saadat Khan was dropped on his “compromising attitude” while deciding cases.
The court asked whether any tax default notice was sent to Korai. If not, how it could be presumed by the committee or anybody that he was evading tax, said the judges, adding that those who want to pay tax do so, but this could not be made a reason for removing a judge unless he is proven guilty of tax evasion.
Why these [intelligence] agencies are not consulted at the time of appointment, the bench retorted when the DAG attempted to hammer the importance of the reports on the judges’ antecedents. “There are eight agencies who report on judges. The government has to rely on them,” Raza said.
The bench also asked Raza to remember the distinction between initial appointment of a judge and his confirmation.
The court then asked the DAG about Justice Khan and noted the wording of the committee’s report that “he may indulge in corruption later”. Then also, there is Article 209 if any judge violates the code of ethics after confirmation, the judges said, asking the DAG to give citations if any.
Barrister Makhdoom Ali Khan also appeared in the court for the two judges, who became a party to proceedings later.
After hearing the arguments, the bench in its short order dismissed the appeal and gave the federal government a week to confirm the two judges from September 17, 2011, and maintain their seniority.
If the government fails to do so, the Sindh High Court chief justice would still administer the oath to the two judges after seven days.
Published in The Express Tribune, September 8th, 2012.
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