Peshawar Excessive Court docket Chief Justice Waqar Ahmed Seth on Thursday approached the Judicial Fee of Pakistan over not being elevated to Supreme Court docket choose.
The PHC chief justice penned a letter to the Chief Justice of Pakistan Gulzar Ahmed concerning the violations of the Structure, following the out of flip elevation of junior judges of the Lahore Excessive Court docket (LHC).
The letter learn, “The petitioner has a legitimate expectancy to be appointed as a Judge of the Supreme Court on the basis of his seniority, suitability and merit, but he has been ignored and superseded thrice without affording him an opportunity to be heard.”
It additionally stated that the appointment of the LHC judges has been made in violation of the precept of seniority.
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It additionally mentions that the petitioner, being a outdated choose, has been disqualified sooner or later for elevation to the SC, and if elevated, he’ll rank decrease than the junior judges.
The letter additionally talked about that the out of flip elevation to the apex court docket will harm the picture of the judiciary.
Supreme Court docket Bar Affiliation President Syed Qalb-i-Hassan raised objections over the letter.
He stated it isn’t obligatory to raise the senior most choose to the SC, including that Justice Mazahaar Ali Akbar was appointed LHC choose in February 2010, whereas Justice Seth was nominated as PHC choose in August 2011.
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Legal professionals are divided over the elevation of judges on the precept of seniority. One part of the authorized group has a constant view that seniority shouldn’t be the one issue and the standards ought to embrace competency and repute.
Two former chief justices – Mian Saqib Nisar and Asif Saeed Khosa – throughout their respective tenures didn’t adhere to the precept of seniority whereas elevating judges to the apex court docket.
Three junior judges – Justice Munib Akhtar, Justice Qazi Amin Ahmad and Justice Muhammad Aminuddin Khan – have been elevated on the idea of “competency and reputation”.
The SC in its judgment within the Faqir Khokhar case has already maintained that appointment of the SC choose is a contemporary appointment and a junior choose can be elevated.