ISLAMABAD: The elevation of three Lahore High Court (LHC) judges to the Supreme Court was Monday challenged in the apex court for being made in utter violation of the principle of seniority, merit and the Constitution.
The Khyber Pakhtunkhwa Bar Council – through its vice chairman – filed a petition under Article 184(3) of the Constitution. The petition has made the Judicial Commission of Pakistan, Federation of Pakistan, Parliamentary Committee on Appointment of Judges, and Justice Qazi Muhammad Amin, Justice Amin-ud-Din Khan and Justice Syed Mazahir Ali Akbar Naqvi of the Supreme Court as respondents.
The council prayed the apex court to set aside the appointment orders of Justice Qazi Muhammad Amin, Justice Amin-ud-Din Khan and Justice Syed Mazahir Ali Akbar Naqvi by declaring the orders – passed by the Judicial Commission of Pakistan, Federation of Pakistan, and Parliamentary Committee on Appointment of Judges – void ab initio and of no legal effect.
It also prayed that the appointment to the vacancies thus created be filed purely on merit on the basis of inter-se seniority of Chief Justice of the High Court, particularly Justice Waqar Ahmed Seth, Chief Justice of Peshawar High Court, with retrospective effect.
The bar council contended that in view of the relevant provisions of the Constitution and well-established constitutional conventions, practice as well as the law laid down by the apex court in the year 1996, in Al-Jehad Trust and 1998 Malik Asad Ali Case, the chief justice of Peshawar High Court had the legitimate expectancy that he will be the appointed judge of the Supreme Court on the basis of seniority, eligibility and merit.
However, surprisingly and unfortunately he has been dropped, ignored and superseded thrice and without any valid reason, affording him an opportunity of hearing and thus he has been condemned unheard,” it submitted. The council contended that the independence of judiciary was connected with appointment of judges, the ability, and the competence of the chief justice of Peshawar High Court had been recognized not only in Pakistan, but also abroad. It further submitted that Justice Waqar Ahmed Seth was given the difficult task of hearing the high treason case against Pervez Musharraf and one of the two judges of the three-judge panel had convicted the former military dictator for his crime and sentenced him to death.
It would not be out of place to mention that he conducted a number of high-profile cases with one of his important judgment whereby 75 convicts of military courts, most of whom were awarded death sentences, were acquitted for want of evidence and unlawful conviction and sentence,” the council submitted.
It prayed the apex court to set aside the appointment orders void ab-initio and of no legal effect.
