Chief Justice of Peshawar High Court (PHC) Justice Waqar Ahmed Seth has written a letter to the Judicial Commission of Pakistan (JCP) for being "ignored and superseded thrice", in elevation to the Supreme Court.
In a one-page letter to the chief justice of Pakistan, who is also the chairman of the JCP, he prayed that 'out-of-turn' elevation of "junior" judges from the Lahore High Court (LHC) to the Supreme Court being violative of provision of the constitution and well-established constitutional convention/practice and the law laid down by this court in the Al-Jihad Trust vs Federation and the Malik Asad Ali vs Federation may graciously be reviewed.
Justice Waqar was elevated to the bench as additional judge in the Peshawar High Court on 2nd August, 2011, and took oath as chief justice of the PHC on 28th June, 2018.
In view of the relevant provision of the Constitution and well-established constitutional convention/practice and the law laid down by the Supreme Court in the Al-Jihad Trust vs federation and the Malik Asad Ali vs Federation, the petitioner has a legitimate expectancy to be appointed as a judge of the Supreme Court on the basis of his seniority, suitability and merit, but he has been ignored and superseded thrice without affording him an opportunity of being heard.
The appointments of judges from the LHC have been made in "violation" of the principle of seniority.
That the petitioner being a superseded judge has been disqualified from elevation in future and if elevated in future the he will rank junior in the Supreme Court to the "junior" judges who have "superseded" him.
That out-of-turn elevation to the Supreme Court will undermine the independence of judiciary and will not only create an anarchic situation within the judiciary giving birth to an unhealthy competition among judges of the High Court to achieve coveted position, but will damage its image in the public too.
The petitioner prayed that he having a legitimate expectancy to be appointed as a judge of the Supreme Court may kindly be recommended for appointment as a judge of the Supreme Court on the basis of his seniority, suitability and merit.
Three "junior" judges - Justice Munib Akhtar from Sindh High Court, and Justice Qazi Amin Ahmad and Justice Muhammad Aminuddin Khan from the LHC - were elevated on the basis of "competency and reputation".