ISLAMABAD: The Chief Justice Peshawar High Court (PHC) Justice Waqar Ahmed Seth Thursday requested the Judicial Commission of Pakistan (JCP) to recommend his elevation to the Supreme Court of Pakistan on the basis of his seniority and merit.
In a letter addressed to the Chief Justice of Pakistan Justice Gulzar Ahmed, who is Chairman Judicial Commission of Pakistan (JCP), Justice Seth prayed that having a legitimate expectancy to be appointed as a judge of the Supreme Court he may kindly be recommended for appointment as a judge of the apex court on the basis of his seniority, suitability and merit. Justice Waqar Ahmed Seth was elevated to the Peshawar High Court as Additional Judge on August 2, 2011 and took oath as Chief Justice of the Peshawar High Court on June 28, 2018.
Justice Seth contended that in view of the relevant provisions of the Constitution and well-established Constitutional convention and the law laid down by the Supreme Court in Al-Jehad Trust versus Federation of Pakistan (PLD 1996 SC 324 and Malik Asad Ali versus Federation of Pakistan (PLD 1998 SC 161), he 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as a judge of the Supreme Court on the basis of his seniority, suitability and merit but he has been ignored and superseded thrice without affording him an opportunity of being heard.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 appointment of judges from the Lahore High Court have been made in violation of the principle of seniority,” Justice Seth contended.” He further submitted that being a superseded judge he had been disqualified from elevation in future, and if elevated in future he will rank junior in the Supreme Court to the junior judges who had superseded him.
It is pertinent to mention that last month Chief Justice of Pakistan Justice Gulzar Ahmed recommended the name of Lahore High Court (LHC) Judge Sayyed Mazahar Ali Akbar Naqvi for elevation to the Supreme Court. He was recommended after the retirement of former chief justice of Pakistan Asif Saeed Khosa.
The Parliamentary Committee on appointment of Judges also endorsed Justice Naqvi’s elevation and later on the President of Pakistan notified his appointment. Justice Seth submitted that out of turn elevations 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 positions, but will also damage its image in the public.
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