The Peshawar High Court Bar Association (PHCBA) has strongly criticised the Judicial Commission of Pakistan’s (JCP) endorsement of four nominees for PHC judges.
On Friday, a JCP panel headed by Chief Justice Nasirul Mulk identified the four nominees as Muhammad Younas Thahim, Qalandar Ali Khan, Muhammad Ghuzafar Khan and Haider Ali Khan.
Speaking at a news conference at Peshawar Press Club on Saturday, PHCBA President Isa Khan insisted all judges had been recommended on the basis of cronyism rather than merit. He said the recommended judges were either class fellows or chamber fellows of JCP members. “Neither of the recommended judges is eligible to become a high court judge,” claimed Isa.
According to the PHCBA president, the JCP had accepted the recommendations of PHC Chief Justice Mazhar Alam Khan Miankhel despite negative reports about the nominees by various agencies.
Isa Khan criticised Justice Miankhel for not exercising his discretion in an appropriate manner. He insisted the CJ had only sent five names for five seats to the JCP. This reduced the scope for competition, he added.
According to the General Secretary of PHCBA, Muhammad Ayaz Khan, the new appointments have “completely destroyed” the dignity and decorum of the PHC. Ayaz also claimed the former chief justice of the high court had failed to confirm appointments of five competent judges due to mala fide intentions. They have been identified as Abdus Samad, Sher Muhammad Khan, Ziaur Rahman Khan, Sardar Shaukat Hayat and Imtiaz Khan. As a result, he termed the JCP’s recommendations as contentious.
The association said if they were not given a positive response, they would extend their movement to “protect the judiciary” and organise a sit-in outside PHC. Moreover, a provincial convention would be held to voice their dissatisfaction with the recommendations.
Published in The Express Tribune, October 19th, 2014.
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