LHC judge suspends his own chief justice order

LAHORE: In a rare development, Justice Farrukh Irfan Khan Thursday suspended the administrative order of his Chief Justice Mansoor Ali Shah under which Lahore High Court (LHC) registrar was allowed premature retirement, ruling that judiciary is no more a sacred cow and people could hold it accountable as well. The court issued this order while hearing a petition challenging notification of LHC Registrar Khursheed Anwar Rizvi's premature retirement and enjoying judicial allowance of Rs400,000. Mr Rizvi sought premature retirement in order to secure hefty perks and privileges which he would not be able to get after his retirement as district & sessions judge. He was due to retire in April on attaining superannuation age but he sought premature retirement and the incumbent CJ approved the same.

Justice Farrukh Irfan Khan suspended the impugned notification through a short order, announced on a petition moved by a lawyer and referred the petition to chief justice to form a larger bench to further proceed in the matter.

At the outset of the hearing, the petitioner's counsel Muhammad Azhar Siddique argued that under LHC establishment rules, a judicial officer cannot be appointed as a registrar, adding that an officer from the establishment of the high court could be appointed as registrar.

He claimed that Syed Khursheed Anwar Rizvi’s appointment was made in violation of the establishment’s rules. Mr Rizvi is also drawing Rs400,000 judicial allowance besides salary and other perks and privileges. The counsel contended that LHC Chief Justice Mansoor Ali Shah had granted him premature retirement from February 3 in sheer violation of the rules as he is not part of the LHC establishment.

This irked the judge and he summoned Punjab advocate general who turned up after few minutes. AGP Shakilur Rehman Khan argued that administrative decisions of LHC chief justice could not be challenged through a writ petition.

Whether a chief justice could not be accounted for even if an administrative order was against the law, Justice Khan posed a query to the principal law officer.

AGP Khan said there were other remedies available on administrative side, including Administration Committee of the high court to deal with such matters. The constitutional jurisdiction of the high court could not be invoked against administrative power of the chief justice, he added.

He requested the court to hold in-camera proceedings of the case which the court turned down, ruling that no one could be deprived of his fundamental right of free and fair trial under Article 10-A of the Constitution. Judiciary is not a sacred cow that nobody could challenge the chief justice for his all his acts, right or wrong. He remarked that judges would have to establish the judiciary as a respectable institution in the eyes of the people. Addressing the AGP Justice Khan remarked, LHC Chief Justice Mansoor Ali Shah is doing whatever he likes to do and no one dares to question him. Everyone should stand up and raise voice against corruption and illegalities to speed up process of accountability and transparency in the country. Judiciary is being run on public money and they could hold everyone accountable.

Justice Khan directed the LHC administration to apprise the court as to how Khursheed Anwar was appointed as registrar and given premature retirement without seeking approval from the LHC administration committee comprising seven senior most judges, including the CJ.

Justice Khan went on to say sarcastically that the Rs4 lakh per month seemed a meagre amount for the 'services' he (registrar) has been rendering to the CJ.

After hearing arguments at length, Justice Khan suspended premature retirement notification and issued notices to the Punjab government and the LHC Registrar.

The judicial commission, led by Chief Justice of Pakistan, has recommended Justice Mansoor Ali Shah's elevation to the Supreme Court and designated Justice Yawar Ali as LHC new chief justice, who is likely to take oath next week. A cold war between Justice Mansoor Ali Shah and Justice Farrukh Irfan Khan had started in 2016 after Justice Mansoor took oath as the LHC chief justice. Justice Shah had refixed seniority list of LHC judges and made Justice Khan junior to three judges, including Justice Qasim Khan, Justice Sayyed Mazahir Ali Akbar Naqvi and Justice Mazhar Iqbal Sidhu (since resigned). Feeling aggrieved of move, Justice Khan approached the Supreme Court which suspended Justice Mansoor's order and restored Justice Khan's seniority.

Justice Farrukh Khan's name had also surfaced in Panama Papers and a reference against him is pending before Supreme Judicial Council led by Chief Justice of Pakistan Mian Saqib Nisar.

Representing the petitioner, Advocate Azhar Siddique argued that Mr Rizvi, being a judicial officer, was not eligible to avail retirement under the high court establishment rules. He also questioned the appointment of Mr Rizvi, a district & sessions judge, as registrar of the high court.

He stated that Mr Rizvi was a district & sessions judge and not a member of civil service of Pakistan (Pakistan Administrative Service) and Provincial Civil Service (PMS) nor the Punjab Public Service Commission had been consulted by the LHC chief justice before posting of the respondent as registrar. He said the respondent was not a member of the high court establishment but a member of district judiciary. Therefore, the respondent could not avail retirement and post-retirement benefits under the establishment rules of the high court, he added.

The lawyer argued that the appointment as well as the premature retirement of Rizvi had been made in violation of the establishment’s rules. He said the job of Mr Rizvi had not been absolved in the high court establishment nor it can be done under the law.

He submitted that the LHC chief justice on February 9, 2017 passed the impugned order, without jurisdiction, to sanction grant of Superior Executive Allowance of Rs400,000 in favour of the registrar other than the salary.

He asked the court to set aside the appointment notification of the respondent as registrar of the high court and also the premature retirement availed granted to him. Next date of hearing would be fixed by the court office later.