Three judges: SC urged to set aside appointment notifications

ISLAMABAD: The Supreme Court has been urged to set aside the appointment notifications of three Lahore High Court (LHC) judges of inducted into the apex court.

The Khyber-Pakhtunkhwa Bar Council (KPBC) on Monday filed a constitutional petition praying to fill vacancies after setting aside the notifications of these judges through appointments made from interse seniority of chief justices of the high courts, particularly of Justice Waqar Ahmed Seth, with retrospective effect.

Justice Qazi Muhammad Amin, Justice Aminud Din Khan, Justice Syed Mazhar Ali Akbar Naqvi were elevated to the Supreme Court, after the retirement of former Chief Justice Mian Saqib Nisar, ex-judge Sheikh Azmat Saeed, and ex-CJP Asif Saeed Khan Khosa, respectively.

The KP Bar Council filed the petition under Article 184(3) of Constitution and made Judicial Commission of Pakistan, the Federation through secretary Law and Justice, Parliamentary Committee for Appointment of Judges, and Justice Qazi Muhammad Amin, Justice Aminud Din Khan, Justice Syed Mazhar Ali Akbar Naqvi through the SC registrar as respondents.

According to the petitioner "the elevation of three LHC judges to the apex court was made in utter violation of the principle of seniority and merits, thus, violation of Constitution and the law".

The petitioner contended that in view of the relevant provisions of the Constitution and well-established constitutional conventions/practice as well as the law laid down by the apex court in the Al-Jihad Trust (1996) and the Malik Asad (1998) cases, CJ PHC Waqar Ahmed Seth had the legitimate expectancy to be appointed judge of Supreme Court on the basis of seniority, eligibility and merit.

However, surprisingly and unfortunately's, he has been dropped, ignored and superseded thrice without any valid reason and affording him an opportunity of hearing.

Copyright Business Recorder, 2020