Judges’ posts: Lawyers granted conditional permission to appear in exam

PESHAWAR: The Peshawar High Court (PHC) on Wednesday granted conditional permission to the lawyers to appear in the examination for posts of civil judges, judicial magistrates and illaqa qazis in the subordinate courts of Khyber Pakhtunkhwa.

A two-member bench of the PHC comprising Justice Ijaz Anwar and Justice Syed Arshad Ali conditionally allowed the petitioners to appear in the examination for the vacancies mentioned above, who had challenged the two-year court experience requirement.

The bench also issued a notice to the provincial government in the petition filed by lawyers from 13 districts of the Khyber Pakhtunkhwa.

The petitioners’ lawyer Nauman Mohibullah Kakakhel informed the court that under the Khyber Pakhtunkhwa Judicial Service Rules 2001, only a law degree and registration as a lawyer were mandatory for appointments as civil judges, judicial magistrates and illaqa qazis. However, the Judicial Service Rules 2015 were amended to introduce a two-year experience requirement for these positions. He pointed out that no such requirement existed in Sindh and other provinces, making it discriminatory against lawyers in Khyber Pakhtunkhwa.

He prayed the court to annul the amendment in the 2015 rules and issue orders to remove the two-year experience requirement.

After arguments, the bench granted conditional permission to the petitioners to appear in the examination for the posts mentioned above and issued a notice to the provincial government.