January 3, 2022
RESOLUTION UNANIMOUSLY PASSED BY THE REPRESENTATIVES OF PAKISTAN BAR COUNCIL, PROVINCIAL/ISLAMABAD BAR COUNCILS, SUPREME COURT BAR ASSOCIATION AND ALL THE HIGH COURT BAR ASSOCIATIONS OF THE COUNTRY, IN ITS MEETING HELD ON 03-01-2022 AT ISLAMABAD.
This meeting of the representative of the Pakistan, Provincial/Islamabad Bar Councils, Supreme Court Bar Association and all the High Court Bar Associations, once again show its commitment to the independence of the judiciary, rule of law and establishment of real democratic institutions in the Country.
This meeting also show full respect to the Judiciary and the Judicial Commission of Pakistan as Institutions, however, the Bar consistently stands with the seniority principle for the purposes of elevations/appointments of Judges in the Hon’ble Supreme Court, as also laid down in the Al-Jehad Trust Case and believes that violation thereof, will create further divisions not only between Bar and the Bench but will also create further dissention and frustration within the judiciary, this view is further fortified by the prevailing situation in the Hon’ble Sindh High Court.
This representative meeting has taken serious note of once again nomination of Justice Mrs. Ayesha Malik, for appointment in the Hon’ble Supreme Court violating the seniority principle, superseding three Hon’ble Judges of the Lahore High Court including the Hon’ble Chief Justice, who are not only senior to her in service but also senior in legal practice before their elevation to the Hon’ble High Court, particularly when their integrity and competence is not in question?
This representative meeting also holds that the Bar is consistently demanding for laying down the criteria for elevation of Judges in the Superior Judiciary not only for appointment in the Hon’ble Supreme Court but also in the Hon’ble High Courts and the Hon’ble Federal Shariat Court. The Bar is of the view that the detailed criteria for elevation and appointment of Judges in the
Superior Courts is to be laid down by the Judicial Commission of Pakistan in consultations with the Bar and the Parliamentary Committee who are all equal stake holders.
The representatives of the Bar Councils in the Judicial Commission of Pakistan from last more than three years are also demanding for amendments in the Judicial Commission Rules, 1980, which Rules are admittedly very sketchy but no heed is being paid to such very valid and genuine demands, therefore, this meeting is of the considered view that no further appointment in the Hon’ble Supreme Court be made till the detailed criteria viz-a-viz taking into consideration the seniority principle and so also the amendments in the Judicial Commission of Pakistan Rules, 1980 for such appointment are made.
This representatives meeting would further like to bring to the notice of the Hon’ble Chief Justice of Pakistan about his own well-founded principle that no Chief Justice should initiate process of any elevation/appointment in the Superior Judiciary nearing his end of tenure, therefore, this meeting with all humility request the Hon’ble Chief Justice of Pakistan to recall the January 06, 2022, meeting of Judicia Commission of Pakistan for appointment of Justice Mrs. Ayesha Malik, in the Hon’ble Supreme Court.
This representative meeting also resolved to approach to the Parliament and all the Political Parties for amendments in Article 175A and Article 209 of the Constitution with regard to appointment of Judges in the Superior Courts and removal thereof.
This representative meeting also unanimously decided in consultation with President, Supreme Court Bar Association, Mr. Muhammad Ahsan Bhoon, on telephone that boycott of all Courts proceedings from Supreme Court to lower Courts shall be held on January 06, 2022, in case the ensuing meeting of the Judicial Commission of Pakistan on January 06, 2022, is not postponed/recalled.
(Muhammad Masood Chishti)
Executive Committee (Khush Dil Khan)