The Supreme Court on Monday declared the forced retirement of 13 judges of the lower courts of the Khyber-Pakhtunkhwa "null and void". A three-judge bench, headed by Chief Justice Gulzar Ahmed, heard 13 judges of the KP subordinate courts.
The court referred the matter back to judicial service tribunal with the direction to decide the cases of adverse Annual Confidential Reports (ACRs) of the removed judges in three months.
Justice Yahya Afridi in April, 2017, as the chief justice of the PHC, had sacked 13 judicial officers, including a district and sessions judge, and seven additional district and sessions judges for indiscipline. Justice Ijazul Ahsan said that the Judicial Tribunal also required examining the increase in assets of the sacked judges.
He noted that Judge Hussain Shah's assets increased three times in two years.
His assets increased from Rs 6.4 million to more than Rs 35 million, when he became senior civil judge.
Judge Shah Hussain's lawyer contended that this aspect was not alleged in the show cause notice.
"My client in the performa has submitted the market value of his asset," told the counsel.
He submitted that the assets were the same but in the proforma the market value was mentioned. Justice Ijaz questioned where it was written that the judge had to give market value of his assets.
The annual reports for the last three years have been casting doubt about his performance.
The lawyer contended that the tribunal had so far passed the short order.
He said that his appeal was lying before the apex court against the Peshawar High Court (PHC) committee.
The PHC concerned committee had dismissed 13 judges, while the judicial tribunal had turned them into forced retirement.
The judges had filed the appeal against the tribunal's decision.
The judges were issued show cause notices over violation of disciplinary laws and also given an opportunity of hearing before the administrative committee of the court.
After finding the 13 judicial officers guilty of the charge, the chief justice with the concurrence of the administrative committee has imposed upon them major penalty of removal from service.
In 2017, it said, 13 judicial officers, who earned adverse Annual Confidential Reports (ACRs) for three consecutive years and having a persistent reputation of being corrupt, were also dismissed from the service by adopting the same method.
The PHC had maintained that the judges were sacked due to consecutive three adverse years, and having a persistent reputation of being corrupt.
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