Justice Qazilbash resigns as Judicial Commission member

Published: November 3, 2010
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Sensing controversy over his age, CJ’s nominee decides to step down.

Sensing controversy over his age, CJ’s nominee decides to step down.

ISLAMABAD: The newly formed Judicial Commission for the appointment of top judges received a setback ahead of its first meeting, after one of its members Justice (Retd) Ali Hussain Qazilbash resigned on Tuesday. Justice (Retd) Qazilbash’s appointment has drawn criticism from some quarters of the legal fraternity due to his age factor. And the appointment was also challenged in the Supreme Court’s Lahore Registry by Barrister Zafarullah.

The petitioner took the plea that Justice (Retd) Qazilbash is 85 years old and his appointment in the Judicial Commission is contrary to the al Jihad Trust case and Malik Asad Ali case. He further pleaded that according to the apex court’s judgments in the two cases, no judge who attains the age of superannuation (65 years) can be appointed on contract.

Sensing the controversy, Justice (Retd) Qazilbash decided to step down on health grounds.

Justice (Retd) Qazilbash was appointed on the seven-member Judicial Commission by Chief Justice Iftikhar Muhammad Chaudhry after consultations with two senior judges of the apex court and members of the commission – Justice Javed Iqbal and Justice Mian Shakirullah Jan.

According to a statement issued by the Supreme Court, Justice Qazilbash, a former judge of the Supreme Court who was appointed as member of the Judicial Commission of Pakistan, has tendered his resignation for health reasons.  In his letter addressed to the chief justice/chairman Judicial commission, Justice (Retd) Qazilbash conveyed his deep gratitude to the chief justice for conferring on him the privilege to be nominated as member of the commission to serve a national cause by being involved in the process of nominating judges of the superior courts.

However, Justice (Retd) Qazilbash conveyed his regrets for his inability to undertake the assignment due to acute heart ailment, and requested the chief justice/chairman Judicial Commission, to be relieved of this responsibility.

The chief justice accepted his resignation and initiated the process of consultation with two most senior judges of the Supreme Court, as required under the constitution, for nominating a suitable substitute.

Now the scheduled meeting of the commission may not take place on November 6, said an important source in the legal circle.

Published in The Express Tribune, November 3rd, 2010.

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Reader Comments (6)

  • Shahzad Khan
    Nov 3, 2010 - 11:29AM

    Justice(R) Qazilbash took a wiser decision then the CJ.Recommend

  • Naushad Shafkat
    Nov 3, 2010 - 4:50PM

    I am sorry brother Shahzad I do not agree. The MOST HONOURABLE CHIEF JUSTICE can do no wrong. Justice Qizalbash is about 85 years young, he cannot hear and therefore would be immune to any outside influence or bickering, a weak eyesight adds to his qualification.The fact that he is a chronic heart patient and could not climb the few steps into the Supreme Court building on his own was a well kept state secret and was therefore not know to our MOST RESPECTED CHIEF JUSTICE who of course came to know of his own ‘de-notification’ well in time. What better man to have than him to show Parliament that it goofed up on Article 175?Recommend

  • romm
    Nov 3, 2010 - 5:06PM

    justice Qazalbash should not have accepted at first place and CJ should not have nominated him contrary to different ruling of supreme court.Recommend

  • romm
    Nov 3, 2010 - 10:09PM

    CJ is not angel but we should not try to demonise him. He is honourable and incorruptible. he is saviour of Poor masses of Pakistan. We got to respect him. I wish he could be the Next Prime Minister of Pakistan with Powers of a Dictator. I am sure he wud be example like Khalifas. May be he is Destined to be the a spiritual Leader of Islamic Ummah to unite it world over. May God save him from bad fortune.Recommend

  • Mustafa
    Nov 4, 2010 - 12:36AM

    “Justice Qizalbash is about 85 years young, he cannot hear and therefore would be immune to any outside influence or bickering, a weak eyesight adds to his qualification” – I believe this was said in sarcam but I think those are the perfect characterstics for a judge!Recommend

  • Naushad Shafkat
    Nov 4, 2010 - 2:07AM

    Just perfect brother Mustafa. What you are saying is that a good judge should decide a case without hearing the parties, must not be able to read so that he is not bound by past precedents. How wonderful. In fact just great!Recommend

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