Islamabad: Opposition in high court comes after a recent appointment in Supreme Court. Peshawar High Court Chief Justice Waqar Ahmed has sent a complaint to Chief Justice Pakistan who is also the Chairman of the Judicial Commission of Pakistan (JCP).
In a one-page petition, Justice Waqar Ahmed Seth said that the independent judiciary would be outraged by the out-of-turn development in the Supreme Court and would create anarchy situation with high competition among the High Court judges. Along with this, the dignity of the judiciary in the people will also suffer.
On March 7, Chief Justice Pakistan took oath as the Supreme Court judge from the Lahore High Court Senior Justice, Justice Mazhar Ali Akbar Naqvi on the vacancy vacated by Justice Asif Saeed Khosa's retirement.
Earlier, on March 4, the Judicial Commission of Pakistan approved the name of Justice Mazhar Ali Naqvi for the post of Supreme Court judge.
However, immediately after the deployment, the Chief Justice of the Peshawar High Court sent a petition to the Chief Justice of Pakistan requesting that the recommendation of the Supreme Court Judge be made on the basis of seniority and merit.
Responding to Justice Waqar Ahmed Seth's petition, Supreme Court Bar Association (SCBA) President Qalab Hassan said that raising such a dispute to a judge of the Supreme Court does not appropriate.
He added that the involvement of a High Court Judge in the Supreme Court is always considered a new appointment and in this situation, the principle of seniority does not apply.
According to President SBCA, similar out-of-turn promotions took place in the past when senior judges were appointed.
He said that if the principle of seniority was to be kept in view as Justice Waqar Ahmed Seth demanded in his petition, Ahmed Ali Sheikh of Sindh High Court is the most senior among the judges of the High Court.
It is to be noted that the issue was raised in the March 4 meeting of the Judicial Commission of Pakistan that since there is no representation of the Islamabad High Court in the Supreme Court, a judge from the Islamabad High Court should be promoted.
It is pertinent to mention that the provincial representatives in the Supreme Court belong to some 7 judges Punjab, 5 Sindh, 2 Khyber Pakhtunkhwa, and one Balochistan but no judge of Islamabad High Court.
The meeting was informed that the last time the Balochistan judge was promoted five and a half years ago in the Supreme Court while the Sindh judge was promoted two and a half years and the Khyber Pakhtunkhwa judge 2 years ago.
On the other hand, Justice Waqar stated in his petition that in the light of the Constitution and Supreme Court's law imposed in the Al-Jihad Trust and the Malik Asad Ali case of 1998, the applicant Is a suitable candidate for appointed on the basis of seniority and merit.