Senior Supreme Court Judge Qazi Faiz Issa has written in a letter to Chief Justice Umar Atabandial that former Chief Justices Saqib Nisar an...
Senior Supreme Court Judge Qazi Faiz Issa has written in a letter to Chief Justice Umar Atabandial that former Chief Justices Saqib Nisar and Gulzar Ahmed deliberately ignored merit in the matter of appointment of judges in the Supreme Court.
Justice Qazi Faiz Issa in his letter dated May 25 to Chief Justice Omar Atabandial on the issue of appointment of judges in the Supreme Court has said that members of the Judicial Commission including Pakistan Bar and Supreme Court Bar have repeatedly demanded amendment in the rules.
Read more: Request from Chief Justice to reconstitute JCP Committee
The senior justice of the Supreme Court said that seniority, merit and competence have to be taken into consideration in the appointment of judges.
Justice Qazi Faiz Issa said that former Chief Justice Saqib Nisar had appointed junior judges saying that senior judges did not want to come while Chief Justice and senior judges of the High Court denied this.
In a letter to the Chief Justice, it was said that former Chief Justice Gulzar Ahmed also ignored the Chief Justice of Sindh High Court and senior judges and explained the reason that they did not meet the merits.
The letter said that later Chief Justice Gulzar Ahmed had suggested the same Chief Justice to be appointed as an ad hoc judge in the Supreme Court but he had miraculously passed the merit test.
Justice Qazi Faiz Issa said that the committee set up to amend the Judicial Commission Rules has not come up with any opinion till date. Judicial Commission meeting should not be on camera.
READ ALSO: Junior Judge Promotion: Bar Councils Decide Not to Give 'Farewell Ceremony to Supporting Judges'
The letter addressed to the Chief Justice stated that the Chairman of the Commissions for the appointment of judges in the Supreme Court alone has to present his chosen names to the members for approval or rejection and forcing them to vote and become judges by one vote in accordance with the Constitution. No, the public perception that the judiciary is not independent loses its respect and moral legitimacy.
Justice Qazi Faiz Issa said that confession of wrong decision of late Justice Naseem Hassan Shah could not bring back the life of Zulfiqar Ali Bhutto.
The Justice of the Supreme Court said in the letter that competent and honest judges should be appointed to maintain the confidence of the people.
Justice Qazi Faiz Issa said that the first meeting of the Judicial Commission chaired by Chief Justice Umar Ata Bandial was welcome and hoped that the present Chief Justice of Pakistan would remove the concerns regarding the appointment of judges.
The letter said that a transparent and competent judge should be appointed in accordance with the Constitution of Pakistan and the aspirations of the people.
On the other hand, Akhtar Hussain, a member of the Judicial Commission of Pakistan (JCP) representing the Pakistan Bar Council (PBC), had requested Chief Justice of Pakistan Umar Ata Bandial to set the criteria for appointment of judges of the Supreme Court. The JCP Rules Committee should be reconstituted on an urgent basis to do and finalize it.
The letter suggested that the rules committee should be headed by senior judge Justice Faiz Issa.
The member had said that there was a consensus to set some objective criteria for the appointment of judges in the high courts which would emphasize the principle of seniority.
No comments
Thanks