Judicial controversy: SC bristles at executive deciding judges’ seniority

Top court hears a petition filed against the method for determining seniority of LHC judges.

ISLAMABAD:

The Supreme Court on Monday observed that independence of judiciary might be undermined if the executive was allowed to decide the seniority of judges.

The SC’s five-judge bench, headed by Chief Justice of Pakistan Tassaduq Hussain Jillani, was hearing a petition filed against the method for determining seniority of Lahore High Court (LHC) judges. The petitioner Aslam Awan advocate had contended that seniority of superior court judges should be determined from the date of their confirmation not from the date of their appointment as additional judges.

At present, the LHC determines judges’ seniority from the date of their appointment as additional judges. The petitioner also raised objection to the seniority of 18 incumbent LHC judges.

Moving the petition under Article 184 (3) of the Constitution, the petitioner requested that the seniority list issued by the LHC and its administration committee on December 14, 2013 be declared without legal authority and jurisdiction.

“Article 197 deals with the appointment of additional judges whereas the appointment of permanent judges are to be dealt under Article 193 of the Constitution,” he noted, adding that seniority amongst the judges’ of the LHC must be decided from the date of their permanent appointment and taking oath.

Giving arguments against the petition, Attorney General for Pakistan (AG) Salman Aslam Butt maintained that judges’ seniority should be determined from the date of appointment as additional judges, not on the basis of their confirmation.

A member of the bench, Justice Asif Khosa recommended that for resolving this controversy, the bench might declare that there was no need to take fresh oath after the confirmation of any judge because there was no constitutional requirement in this regard.

The hearing of the case will be resumed today (Tuesday) and the AG will conclude his arguments.

Published in The Express Tribune, May 6^th, 2014.