Re-appointment after retirement: LHC restrains accountability court's judge from working

A division bench of the Lahore High Court (LHC) on Monday restrained accountability court judge, Syed Ali Hassan Rizvi, from performing judicial work, who was re-appointed two days after his retirement and had taken oath under PCO as LHC judge. A citizen, Muhammad Shahzad, had challenged his re-appointment for being in violation of national judicial policy.
The court adjourned the hearing for fortnight, as NAB counsel sought time to file reply. The petitioner contended that Syed Ali Rzvi was functioning as accountability court judge and retired after attaining the age superannuation in October 2010. However, after two days of his retirement, he was again appointed as special judge of accountability court. He pointed out that Rizvi's appointed was made in sheer violation of National Judicial Policy, which barred appointment of retired judges, as presiding officers of special courts.
Federal law ministry submitted a letter in the court and defended Rizvi's re-appointment. The ministry said his re-appointment was challenged earlier by another citizen, Adnan Mufti, but LHC had dismissed the case at preliminary stage on October 22, 2010.
The ministry further said under section 5A(3) of National Accountability Ordinance 1999, a retired judge could continue to complete his engagement. The ministry submitted that Rizvi's appointed was not in violation of NJP and the then LHC CJ was consulted while making his appointment.