ISLAMABAD: Questioning the recent nomination of Lahore High Court\u2019s Justice Ms. Ayesha Malik for the Supreme Court over alleged violation of seniority principle, Pakistan Bar Council (PBC) on Monday warned the Judicial Commission of Pakistan (JCP) of protest if the latter does not recall its January 06 meeting. The PBC held a meeting of its representatives, provincial\/ Islamabad bar councils, Supreme Court Bar Association and all the high court bar associations of the country in Islamabad. After the meeting, the PBC issued a statement saying, \u201cThe meeting shows 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 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 Sindh High Court\u201d. TLTP
\nIt added that the meeting has taken serious note of once again nomination of Justice Ms. Ayesha Malik, for appointment in the Supreme Court violating the seniority principle, superseding three judges of the Lahore High Court including the chief justice, who are not only senior to her in service but are also senior in legal practice before their elevation to the high court, particularly when their integrity and competence is not in question.
\nThe PBC 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 Supreme Court but also in the high courts and the Federal Shariat Court.
\nThe PBC further stated, \u201cThe 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 JCP Pakistan in consultations with the bar and the parliamentary committee who are all equal stakeholders.
\nThe representatives of the bar councils in the JCP 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. It added, \u201cTherefore, this meeting is of the considered view that no further appointment in the Supreme Court be made till the detailed criteria viz-a-viz taking into consideration the seniority principle and so also the amendments in the JCP Rules, 1980 for such appointment are made\u201d.
\nSeeking attention of the Chief Justice of Pakistan who is also head of the JCP, representatives of the meeting resolved, \u201cThis meeting with all humility request the Chief Justice of Pakistan to recall the January 06, 2022, meeting of the JCP for appointment of Justice Ms. Ayesha Malik, in the Supreme Court\u201d.
\nIt has also been resolved in the meeting that the Bar representatives will approach 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 their removal.
\nThe PBC said, \u201cThe meeting unanimously decided to boycott all court proceedings from the Supreme Court to lower courts on January 06 in case the ensuing meeting of the JCP on January 06, 2022 is not postponed.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD: Questioning the recent nomination of Lahore High Court\u2019s Justice Ms. Ayesha Malik for the Supreme Court over alleged violation of seniority principle, Pakistan Bar Council (PBC) on Monday warned the Judicial Commission of Pakistan (JCP) of protest if the latter does not recall its January 06 meeting. The PBC held a meeting of its […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":{"0":"post-236696","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-national"},"yoast_head":"\n