Appointment of civil judges: PHC moved against experience requirement

PESHAWAR: Around 13 lawyers from various districts of Khyber Pakhtunkhwa on Saturday moved the PHC against the requirement of two years as advocate experience required for appointment as civil judges.

The then governor via an amendment to the KP Judicial Service Rules 2001 had brought this condition in 2015. Advocate Nauman Muhib Kakakhel submitted the petition on behalf of the petitioners.

The counsel pleaded that 120 posts of civil judges/ judicial magistrate/ ilaaqa qazi were advertised recently. He said the rules as originally enacted did not have the experience requirement, however, the rules were amended in 2015, wherein two years’ experience was added.

The counsel said in Sindh, there was no requirement of experience therefore people of KP were being discriminated against and new graduates and lawyers were being deprived of the appointments.

He pleaded that the rules were made by an executive wherein no guidelines or guidance was provided by the legislative, therefore it amounted to excessive delegation of judicial powers which negated the doctrine of separation of powers.

The counsel prayed that the amendment brought in 2015 may be declared ultra vires of the constitution and the rules as enacted originally may be restored. He pleaded that the rules as originally enacted had no experience requirement, however, the rules were amended in 2015.