Wednesday, January 29th, 2025
Home »Top Stories » Tenure of 32 high court additional judges extended

  • News Desk
  • Aug 31st, 2010
  • Comments Off on Tenure of 32 high court additional judges extended
The Supreme Court on Monday extended the tenure of 32 additional judges of high courts "till further orders" subject to a decision on the 18th Amendment case.

A brief order issued by the 17-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry noted that completion of one year in appointment of additional judges at provincial high courts may give rise to constitutional complications particularly in Balochistan and Khyber-Pakhtunkhwa, therefore, "in order to avoid any constitutional void we direct that let learned additional judges of all high courts continue to perform as additional judges till further order subject to final decision of the case".

The apex court ruling will be applicable to 12 judges of Lahore High Court (LHC), Seven of Peshawar High Court (PHC), Nine of Sindh High Court (SHC) and all four of Balochistan High Court (BHC). Attorney General Maulvi Anwarul Haq presented government's stance that it would establish a parliamentary committee within a day or two.

However, in his personal opinion as an officer of the court, the AG said "some order can be passed for extension of judges instead of suspension of provisions relating to appointments." "I really commend what you have suggested, it is very courageous stand," observed Justice Mian Saqib Nisar. "It is very fair stand," observed Justice Tassadaq Hussain Jillani.

The matter, however is subjudice and in addition the requirement of the presence of a bar member, as per Article 175 A in judicial commission, cannot be met as there are no members pending elections for the Balochistan Bar Association that are to be held in November.

"The issue is larger than life," observed Justice Sair Ali, adding that the government should have realised the implications of not deciding on time. The court issued the order after receiving letters (August 28) from the CJs of provincial high courts who had sought assistance from the Chief Justice of Pakistan (CJP) to avoid the looming judicial crisis in high courts.

Since the appointment procedure of superior courts' judges (Article 175A) is pending before a 17-member bench, therefore, Chief Justice Iftikhar Muhammad Chaudhry noted that "on administrative side possibly no action could be taken". He put that up before the bench for hearing.

Rasheed A Rizvi, counsel for Supreme Court Bar Association (SCBA), read out the letter written by Qazi Faez Esa, Chief Justice BHC, and stated the court had only two options: to suspend Article 175A or extend the tenure of judges. After listening to the contents of the letter, Attorney General Maulvi Anwarul Haq stated that "these letters could have been written (by the CJs) two or three weeks earlier".

Justice Jawwad S. Khawaja questioned: "Do you contest the contents of the letter?" "No I am not in a position to contest," replied the AG. Justice Khawaja told the AG that the court had been reminding the government several times, first on July 26, then again on August 19. He added that the court had directed the AG to seek instructions from the government and apprise the bench accordingly.

When AG stated that the court was hearing the matter for last three months, the bench observed that as many as 14 counsel had appeared merely on behalf of the federation, adding that "and you cannot expect us decide the matter without hearing the counsels."

Justice Javed Iqbal observed that whenever constitutional amendments are examined by the court world-wide, the hearing continues for months. This time, he added, about 100 amendments have been introduced in the constitution and the court has to be very careful because this will have a great impact on future generations.

The AG requested the court to postpone the hearing for Tuesday (today) so that he could seek instructions. However, the CJ turned down the request, saying "we do not have time and have to take a decision." Justice Nisar lamented the careless attitude of the government.

Meanwhile, the court resumed hearing of the 18th Amendment case and Yousaf Leghari, Advocate General Sindh submitted his formulations. Leghari said he would support the insertion of new provision regarding appointment of superior courts judges, saying independence of judiciary is not attacked by Article 175A.

"This court has no powers to review the constitution or any constitutional amendment," Leghari contended, adding the court can merely interpret the law and can exercise authority in administrative affairs. With respect to dictatorial regimes of the past, Leghari said that "we have always been striving for democracy. However, it was the court which had validated steps taken by those dictators." Leghari would resume his arguments today (Tuesday).

Copyright Business Recorder, 2010


the author

Top
Close
Close