20th Oct 2017

Mr. Muhammad Arshad Khan Leghari (MNA),

Chairman,

Parliamentary Committee,

on appointment of Judges to Superior Courts,

Senate Secretariat, Parliament House,

Islamabad.

SUB:   DROPPING OF 7 ADDITIONAL JUDGES OF THE LAHORE HIGH COURT.

Dear Sir,

The undersigned being elected head of the Pakistan Bar Council, the apex body of the legal profession, want to bring into notice of the Parliamentary Committee, the grave concern of the legal fraternity, on recent decision of the Judicial Commission of Pakistan whereby 7 Additional Judges of the Lahore High Court  have been dropped and the other 7 Additional Judges have been given one year extension, disregarding the consideration of merit and competency whereas many of the dropped Judges were, of sure, more competent, law knowing and upright compared to many having been retained by giving extension in service. It is a matter of disappointment that views and recommendations of representatives of the Bar, in the Judicial Commission, were altogether ignored while dropping 7 Additional Judges which not only undermines transparency but also unfortunately, smacks favouritism and nepotism. It is all the more deplorable that the Chief Justice of Lahore High Court presented his views and recommendations during proceedings of the meeting, entirely different to his written proposals he had earlier communicated to the Commission.

You will please agree that the main object of establishing Judicial Commission of Pakistan by incorporating Article 175-A in the Constitution of Islamic Republic of Pakistan, was to appoint Judges to Superior Courts purely on merit and competency in a transparent manner, so that confidence of the people in Judiciary and the system of dispensation of justice, may be reassured but to dismay of the Bar, the said object has been badly defeated as the Commission has failed to ensure appointment of really honest, competent and upright Judges. It may also be added, with deep sense of dissatisfaction, that ever-since its establishment, the Judicial Commission has proved   to   be a consortium of Judges having majority in decision making and so is acting according to their wishes to accommodate their near and dear ones, thus compromising the transparent and judicious process of appointment of Judges.

Since the recent decision of the Judicial Commission of Pakistan to drop 7, out of 14 Additional Judges, has deprived the Lahore High Court of some really competent, honest and upright Judges, it is imperative that the Parliamentary Committee should overview decision of the Judicial Commission by calling for the complete record and profiles of the dropped out Judges, initial proposals/recommendations of the Chief Justice, Lahore High Court to the Judicial Commission as well as detail of proceedings of meeting of the Judicial Committee held on 12-10-2017 so as to ascertain the factual position as to merit and competence of dropped out Additional Judges and in case the Committee feels dissatisfied with and unconvinced by decision of the Commission as to dropping of 7 Additional Judges, as earlier pointed out, it may refer back the matter to the Judicial Commission for re-consideration to recommend extension of all the 14 Additional Judges of the Lahore High Court as per earlier proposals/recommendations of the Chief Justice, Lahore High Court, in larger interest of the institution of Judiciary.

 

Regards,

Sincerely Yours

Sd/-

(Muhammad Ahsan Bhoon)

Vice-Chairman

Copy to Senator Raja Zafar-ul-Haq, Member, Parliamentary Committee, on appointment of Judges to Superior Courts, Senate Secretariat, Parliament House, Islamabad for information and necessary action.

Copy to Senator Ilyas Ahmad Bilour, Member, Parliamentary Committee, on appointment of Judges to Superior Courts, Senate Secretariat, Parliament House, Islamabad for information and necessary action.

Copy to Senator Farooq H. Naek, Member, Parliamentary Committee, on appointment of Judges to Superior Courts, Senate Secretariat, Parliament House, Islamabad for information and necessary action.

Copy to Senator Muhammad Javed Abbasi, Member, Parliamentary Committee, on appointment of Judges to Superior Courts, Senate Secretariat, Parliament House, Islamabad for information and necessary action.

Copy to Ch. Mahmood Bashir Virk (MNA), Member, Parliamentary Committee, on appointment of Judges to Superior Courts, Senate Secretariat, Parliament House, Islamabad for information and necessary action.

Copy to Mr. Saeed Naveed Qamar (MNA), Member, Parliamentary Committee, on appointment of Judges to Superior Courts, Senate Secretariat, Parliament House, Islamabad for information and necessary action.

Copy to Mr. Shah Mahmood Qureshi (MNA), Member, Parliamentary Committee, on appointment of Judges to Superior Courts, Senate Secretariat, Parliament House, Islamabad for information and necessary action.

Copy to Mr. Amjad Pervaiz, Secretary, Parliamentary Committee, on appointment of Judges to Superior Courts, (Secretary Senate), Senate Secretariat, Parliament House, Islamabad for information and necessary action.

Sd/-

(Muhammad Ahsan Bhoon)

Vice-Chairman