Banking Court judge: PHC trashes PM’s notification

Court had nominated three district and sessions judges for the post.

PESHAWAR: The Peshawar High Court (PHC) has trashed a notification issued by the prime minister on the appointment of a banking court judge.

The PHC had nominated three district and sessions judges to be posted as the presiding judge of the banking court in Abbottabad, including Rafeeq Hussain Shah as the first choice, Maah Talat as second and Azharul Habib as third. The PM had nominated Talat.

The PM’s notification was overruled by the PHC’s division bench headed by PHC Chief Justice Dost Muhammad Khan and Justice Irshad Qaisar. Khan ordered the suspension and noted that Shah, being the first preference, should be posted as the judge of the court.

The senior joint secretary of the law ministry, Sohail Qadeer Siddiqi, told the bench that it was the premier’s prerogative of selecting the judge, adding that constant interference and suspension of the PM’s notification reduces and undermines his authority.

The CJ said that this was a clear encroachment on the authority of the chief justice and the judiciary itself. He blamed the law ministry of adopting a pick-and-chose policy.

He also pointed out that the law ministry was requested to appoint the chairman for the drug court but has failed to do so for the past six months. He said that 450 drug cases are pending and the number increases every day.

The attorney general of Pakistan and advocate general Khyber-Pakhtunkhwa were asked to submit their written replies and address vital constitutional law points relating to Article 175 (1), which concerns the appointment of judges.

Published in The Express Tribune, September 20^th, 2012.