SHCBA, Karachi bars concerned over out-of-turn elevation of judge

KARACHI: Lawyers on Saturday expressed reservations over out-of-turn elevation of Lahore High Court Judge Ayesha Malik to the Supreme Court of Pakistan.

Addressing a joint press conference at the Sindh Bar Council, the representatives of the Sindh High Court Bar, the Karachi Bar and the Malir Bar associations said the Supreme Court should adhere to the principle of seniority of high court judges while elevating judges to the apex court. They said it is the second attempt of the Judicial Commission of Pakistan to appoint Justice Malik although the JCP could not reach consensus with regard to the elevation of LHC’s junior judge to the Supreme Court. They said the fresh exercise for elevation of the LHC’s judge to the apex court is against the spirit of the independence of the judiciary and rule of law.

They emphasised that the issue of appointment of judges is an important constitutional issue of public importance and requires transparent and comprehensive criteria.

They said the bar associations have already filed a petition in the Supreme Court with regard to the criteria for elevation and appointment of judges to the superior courts. They said lawyers want to strengthen the judicial organ of state but warned that ignoring the seniority principle will create serious constitutional crises.

They said the bar councils and associations have unanimously decided to resist any such appointment which was made bypassing the seniority principle. They also announced boycotting court proceedings on JCP’s meeting with regard to the appointment of the Supreme Court judge.

The press conference was attended by Member Judicial Commission of Pakistan from Sindh Haider Imam Rizvi, Chairman SBC Executive Committee Arif Dawood, SHCBA President Shahab Sarki, KBA President Ashfaq Gilal, MBA President Abdul Razzak Solangi and others.