Says selection of JC member from Balochistan against constitutional criterion
Staff Report
LAHORE: Supreme Court Bar Association (SCBA) President Asma Jahangir has shown her concern over constitution of the judicial commission for appointment of judges (JC) and not elevating any lawyer from Lahore to the post of the Lahore High Court (LHC) judge.
Asma said this while addressing a press conference on Tuesday. She, along with the SCBA Secretary Qamar Zaman Qureshi and Vice President Zubair Khalid said that composition of the JC was against the constitutional provisions and its member from Balochistan did not fulfil the constitution criterion.
She said that the member from Balochistan was an additional judge whereas according to the constriction, the member should be a permanent and senior judge of the high court.
She also showed reservations over appointment of the JC members from the Balochistan Bar Council.
She said, “According to the Article 175A(A) of the constitution, an advocate having not less than 15 years practice in the high courts will be nominated by the concerned bar council for a term of two years as member of the JC.”
Asma also said that the recent decision of the JC of confirming LHC additional judges is also against the due process as their confirmation or otherwise was due in February 2012. Commenting about the seniority of judges, she said that when a lawyer or a sessions judge is elevated to the position of the judge in the high courts, senior amongst them would be the one who is senior in age but some of the judges, junior in age were given seniority upon those judges who were elevated from the bar.
She said the lawyers’ movement was to establish the independence of judiciary and not for restoration of few persons. While speaking about Mukhtar Mai’s case, she endorsed Aitzaz Ahsan’s statement, who had pointed out the flaws in the decision.
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