ISLAMABAD: Chief Justice Mian Saqib Nisar Tuesday took notice of a blind advocate, Yousaf Saleem, who was not selected as a civil judge by the Lahore High Court, Lahore.
The notice was taken on a news item titled “Blind man’s dream to be judge goes dark” by Umar Cheema, published in The News on April 22, 2018, and the programme ‘Zara Hat Ke’ televised on DawnNews on April 23, 2018, highlighting that one Yousaf Saleem, who is a gold-medallist from the University of the Punjab in LLB (Honours) Programme in the year 2014, and who topped the written examination of the civil judges, conducted by the LHC in 2017 amongst 6,500 candidates, was not selected in the interview on the ground that he had a different ability i.e. “blindness”.
Taking cognizance of the issue, the CJ observed that a person could hold the post of a judge even if he is blind, provided he meets all other qualifications.
It appears that in this case, his fundamental rights under Articles 9, 14 and 25 of the Constitution, the provisions of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), ratified by Pakistan in year 2011, the 3% quota under the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, and the jurisprudence developed by the Lahore High Court in PLD 2017 Lahore 406 and PLD 2017 Lahore-1, were not considered by the LHC.
The chief justice referred the matter to the LHC chief justice and the relevant committee of the high court for reconsideration of the candidate and to give a speaking opinion.
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