Wednesday, 3 April 2019

Appointment of retired judge to SC unacceptable: SCBA president

KARACHI: President Supreme Court Bar Association, Advocate Amanullah Kunrani has expressed regret and dismay over consideration of a retired LHC judge for appointment as the judge of the Supreme Court.Addressing a press conference on Tuesday in Quetta, the President SCBA said considering retired LHC judge Qazi Mohammad Amin for apex judiciary is violative of the criterion set by the Al Jehad case verdict which lays out the qualifications of an SC judge. He said according to the Al Jehad case verdict only a judge with a five years mandatory experience, or the senior most judge of a high court or a senior and competent lawyer only can be considered for the apex court vacancy. Whereas, Qazi Amin fulfils none. Furthermore, he retired on April 25 besides he falls on 12, 13 number in the seniority of the LHC judges.The SCBA president says the CJP Justice Asif Saeed Khosa is a very competent and honest judge who cannot be expected to appoint Qazi Mohammad Amin to the apex judiciary. However if that happens it will a blot on the dignity of the Supreme Court besides violative of its own judgments. Against this backdrop, Amanullah Kunrani said the nomination be withdrawn and instead a person meeting the criterion of the Al Jehad case verdict be considered for the vacancy.Advocate Kanrani said it is also important that the role of Parliament and the Bar Councils be strengthened for appointing a judge to the apex judiciary by amending the 19th Amendment that paves the way for nepotism in appointing members of the higher judiciary.On the suo motu powers, the SCBA president said the constitution empowers the Supreme Court to do so but the aggrieved party should be given the right to appeal. Denial of appeal tantamounts to violation of the constitution, legal and human rights.Advocate Kunrani said 10 out of 23 members of the Executive Council of the SCBA objected to our raising the national issues. They were of the view that we should only focus on working about the welfare of the lawyers community. While the majority of the members wanted us to campaign for the national issues. These 10 members held separate sessions leaving us with no option but to suspended the powers of the SCBA secretary and finance secretary for needless intervention and not attending the session.

from The News International - National https://ift.tt/2K2goQZ
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