SC refuses to entertain SHCBA petition

The Supreme Court has refused to entertain the Sindh High Court Bar Association's (SHCBA) petition, challenging the appointment of junior high court judges to the apex court.

Former SHCBA president Salahuddin Ahmed and SHCBA Secretary Omer Soomro had filed a constitutional petition under Article 184 (3) of the Constitution in the Supreme Court with the prayer that Rule 3 of the Judicial Commission of Pakistan Rules, 2010 regarding discretionary powers of Chief Justice of Pakistan (CJP) may be set aside, process of appointment of judges to superior judiciary be restructured and elevation of judges from high courts to the apex court be made by adhering to the principle of seniority for smooth functioning of the judiciary in the interest of justice.

The Supreme Court registrar office has returned the petition by raising seven objections.

The SC registrar office raised an objection that the petitioners did not point out what questions of public importance in the instant case are involved with reference to enforcement of any of the fundamental rights guaranteed under the Constitution, so as to directly invoke jurisdiction of the Supreme Court under Article 184(3) of the Constitution.

The registrar further objected that the petitioners were invoking extraordinary jurisdiction of the Supreme Court under Article 184(3) of the Constitution for the redressal of an individual grievance, which was not permissible in terms of judgment reported as 1998 SCMR 793 titled as “Zulfiqar Mehdi vs PIA, etc”.

"The ingredients for invoking extraordinary jurisdiction of this court under Article 184(3) of the Constitution have not been satisfied. The language of the constitutional petition is ambiguous and misconceived as contents of the petition are not interlinked with each," the SC registrar office said in its order.

"Notice issued to the respondents is not properly drawn as it is not mentioned therein that for what purpose this constitutional petition is being filed before this court.

“It is also objected that the petitioners have not approached any other appropriate forum available to them under the law for the same relief and they have also not provided any justification for not doing so.”

According to the draft of the petition, the Supreme Court is requested to direct the JCP to invite all relevant stakeholders, including judges, senior lawyers and bar representatives, and members of the parliamentary committee.

In order to make the process “more objective and transparent”, the stakeholders would be asked to make suggestions regarding the process of judicial appointments to the superior courts, “and to conduct such seminars, workshops or consultations as may be necessary in this regard to hear all relevant viewpoints”.

"Direct the JCP to frame comprehensive and detailed rules/guidelines to structure both the process of appointments and criteria and parameters for appointments after considering the various aspects of the matter highlighted in the aforementioned grounds and in light of any further suggestions, directives or framework this hon’ble court may deem it appropriate to make/provide,” the petition read.

The petitioners prayed the apex court that until a mechanism has been finalized, the JCP should be restricted to strict adherence to the seniority principle in the elevation of high court judges to the Supreme Court.

Express Tribune

Sindh High Court Bar to challenge PC decision in Supreme Court

Anwar Mansoor Khan
President SHCBA

The Sindh High Court Bar Association (SHCBA) on Wednesday strongly condemned the refusal of the Parliamentary Committee (PC) to accept one-year service extension period of two SHC judges and announced to challenge its decision in the Supreme Court (SC) on Thursday (today). This was announced by passing a resolution at a meeting of the SHCBA held at its office. 

President SHCBA Anwar Mansoor Khan while talking to Daily Times, after the meeting, said that it was an illegal act of the PC to disallows Justice Muhammad Tasnim and Justice Salman Hamid to continue their service as additional judges of the SHC for one more year despite the recommendation of the Judicial Commission (JC) in this regard. Managing Committee (MC) of the SHCBA has decided to challenge the decision of the PC in the SC Islamabad and file a petition on February 24 (today). The MC also authorised the president and the secretary of the SHCBA to file the petition and appoint an ‘Advocate on Record’ for the purpose, Khan added. Meanwhile, the MC also condemned the act of firing on the residence of senior advocate Zahid Khan and demanded of the law enforcement agencies to provide him protection. (Asghar Azad - Daily Times)

SHC Chief Justice takes oath of office

Justice Mushir Alam

KARACHI: Justice Mushir Alam took oath as the Chief Justice of Sindh High Court (SHC) on Monday at the premises of SHC.

The Governor of Sindh, Dr. Ishrat Ul Ebad Khan, administered the oath to the Chief Justice SHC.

The Chief Minister of Sindh, Syed Qaim Ali Shah, Deputy Speaker Sindh Assembly, Shehla Raza, Senior Minister Pir Mazharul Haq and other high official also attended the ceremony.

Dr Ishratul Ebad asks lawyers to foster awareness regarding law, constitution

Dr Ishratul Ebad Khan

The Governor Sindh, Dr. Ishratul Ebad Khan, has asked the lawyers to foster awareness among the people regarding the law and the constitution. He was talking to a delegation of Sindh High Court Bar Association which called on him at the Governor House here yesterday.

The delegation was led by its newly elected president, Anwar Mansoor Khan.

Anwar Mansoor Khan

The Governor assured that for the welfare and betterment of the lawyers he would fully cooperate with the Bar. He also pointed out that the country cannot afford political vacuum and that the need of the hour is that moderate forces develop better working relationship. Dr. Ishrat was of the view that if this was not done then non- democratic forces would foster.

He believed that the existing challenges can be tackled with economic stability, better law and order and a strong political will.

The Governor further pointed out that the process of consultation removes many contradictions and fosters cohesion and harmony. He said that national assets can be protected through the good governance. Dr. Ishrat said that every sector would have to discharge its responsibility in this respect.

MQM Chief Altaf Hussain greets newly elected SHCBA office-bearers

Chief of Muttahida Qaumi Movement (MQM) Altaf Hussain on Sunday greeted newly elected office-bearers of Sindh High Court Bar Association (SHCBA), on their successful election. In a felicitation message issued by MQM here, Altaf congratulated newly elected President Anwer Mansoor Khan and Honorary General Secretary Abid Zuberi on their election. He hoped that the newly elected SHCBA office-bearers will play their positive role for supremacy of constitution and law as well as for dispensation of justice to the people.

Former Attorney General of Pakistan Anwar Mansoor elected SHCBA President

Anwar Mansoor Khan 

KARACHI: Over 30 candidates contested the annual Sindh High Court Bar Association (SHCBA) elections for president, vice-president, general secretary, treasurer and managing committee members on Saturday. Anwer Mansoor Khan was elected as president with 865 votes, Abid Zuberi as general secretary with 617 votes and Yousuf Iqbal as treasurer, while Ashiq Anwer and Abdul Jabbar tied for vice-president. Mushaf Ahmed, Ahsan Akber, Ahmed Bugti, Farid Ahmed Dayo, Arshad Jadoon, Tariq Mehmood, Khalid Mehmood Doon and Masood Siddiqui were elected as managing committee members. Strict security measures were taken by the law enforcement agencies at the Sindh High Court (SHC) and every person and vehicle was properly searched before they were allowed to enter the premises of the SHC building. Election Committee Chairman ZK Jatoi told Daily Times that vote casting started around 9am and it continued in a peaceful atmosphere until 5pm. He said there were over 1,750 members, but the number of eligible voters was 1,405, of which 1,058 had cast their votes. He added that the lawyers were satisfied with the security measures. asghar azad (DT)

Strong judiciary can protect other state organs: CJ Iftikhar Chaudhty

ISLAMABAD: CJ Iftikhar Chaudhry said on Monday that it was the need of the hour that the legislative and executive work in a manner to strengthen the judiciary because it would ensure survival of other organs in case some extra-constitutional forces strike the political dispensation.

Addressing a full-court reference on the retirement of Supreme Court Judge Justice Rehmat Hussain Jaffery, he said it was an unfortunate fact of Pakistan’s constitutional history that whenever such forces struck in the past, the legislature and the executive suffered, but the judiciary also came under pressure with adverse effects on principles of judicial independence and impartiality.

But now, the chief justice said, after the landmark judgment of July 31, 2009 in the case of Sindh High Court Bar Association versus the Federation of Pakistan, the Supreme Court had clearly done away with this past practice and declared that no judge of the superior judiciary would ever accept any unlawful and unconstitutional order of any authority under any circumstances.

“Now it is incumbent upon all institutions to work in unison with each other, which will ensure their independence and prime them up for performing their assigned constitutional duties,” he added.

The chief justice said as per Global Corruption Report 2007, corruption was prevalent in the justice sector, thereby undermining its credibility and performance. In Pakistan, he said, corruption in the judicial system was mostly on account of age-old practice of bribery. He said it was more pronounced in lower courts called Katchery.

“When courts are perceived to be tolerant of corruption, litigant parties and people lose hope in the justice system. It is a dangerous symptom as it is the beginning of the breakdown of peace and security in society and leads to increased crime and lawlessness,” he added.

He said accountability in the judiciary was necessary to eradicate corruption and culture of bribery. The chief justice said administering justice was not only the job of the judiciary, but also of all the three organs of the state.

“As far as the executive and the legislative are concerned, they also share an equal responsibility to achieve the objective of the independence of the judiciary,” Justice Iftikhar added. He paid rich tributes to Justice Rehmat Hussain Jaffery, saying Justice Jaffery had successfully played an important role of his life and had earned the respect of his colleagues and legal fraternity due to his professional competence and unassuming and affable personality.

The chief justice said Justice Jaffery not only brought rich experience of judicial administration, but also contributed much in the use of information technology and automation in the field of judicial administration.

“Despite his enormous judicial work, he has been active in strengthening the official website of the Supreme Court and providing his vision and guidance to make it user friendly and updating its contents from time to time,” he added.

Attorney General Maulvi Anwarul Haq, Supreme Court Bar Association (SCBA) President Asma Jehangir and Pakistan Bar Council (PBC) Vice Chairman Muhammad Kazim Khan also addressed the gathering and paid rich tributes to Justice Rehmat Hussain Jaffery.