Legal fraternity calls upon political parties to repeal 19th Amendment

KARACHI: The legal fraternity on Saturday called upon all political parties to repeal 19 th constitutional amendment which they consider to have "given a complete free hand to the senior judges to make appointments in superior courts as per their will."

Adopting a resolution at all Pakistan lawyers’ convention held at Sindh High Court Bar Association, Pakistan Bar Council, Supreme Court Bar Association and other bar representatives of the provincial bars demanded that Judicial Commission frame transparent and objective criteria and guidelines for the appointment of judges at all level in conjunction with bar and parliamentary committee and bring necessary amendments in the Judicial Commission rules.

The bar leaders announced to observe complete strike on September 9 when a meeting of the Judicial Commission of Pakistan is scheduled to consider elevation of Lahore High Court’s woman judge Justice Ayesha Malik to SC and hold a lawyers’ convention at Islamabad. The bar councils and associations demanded that a permanent committee shall be constituted to represent the view of the bars and until then it called upon the judicial commission to strictly adhere to the seniority principal in the appointment to the apex court and from the district judiciary to the high courts. They also resolved to file a petition before Supreme Court challenging appointments made in violation of the seniority principle. The convention also opposed ad-hoc appointment in Supreme Court and particularly the appointment of Chief Justice of Sindh High Court Ahmed Ali M Sheikh as an ad-hoc judge in SC against his consent and urged that Justice Sheikh be appointed as permanent judge of the apex court being the senior most CJ in the provinces. It also questioned the powers of Chief Justices of superior courts for fixation of cases and roster sittings and demanded that roster sittings must be regulated and controlled to promote trust in the institution and the relevant rules must be amended to ensure such power is devolved to a larger committee which follows some fixed parameters.

The lawyers’ convention was of the view that unregulated power of the suo-moto has replaced the objectivity of the judicial process with personal agendas and desires and demanded that rules be framed to govern the suo-moto cases ensuring that the bench that takes suo moto notice was not permitted to hear it and, or confer a right of appeal to the larger benches. The bar leadership considered that it is duty of the Chief Justice of Pakistan to bring the judiciary together and promote amity and cordiality among judges.

The Vice Chairman PBC Khush Dil Khan said that the bar associations have decided to file petitions in the Supreme Court against the elevation criteria of the judges in superior courts. The Supreme Court Bar Association, President, Abdul Lateef Afridi, demanded that woman judges should be elevated in the Supreme Court but without compromising the principal of seniority of judges.

Former SCBA President Hamid Khan demanded proportionate quota of judges from all provinces in the Supreme Court. He criticized that Judicial Commission of Pakistan issued the notification for appointment of SHC CJ Justice Sheikh as an ad-hoc judge despite lack of majority votes in the commission, as one member of the commission had given conditional vote. JCP member Akhtar Hussain said that criteria and guidelines shall be formulated for appointment and elevation of judges in the superior courts and principal of seniority must be adhered to. The SHCBA President Salahuddin Ahmed said judiciary should exercise restraint while using its discretionary powers which must be controlled.