KARACHI, Feb 27: The Sindh High Court began hearing of arguments on the competence of a retired high court judge to appear before it as an advocate.
Appearing for Justice Mohammad Sadiq Leghari, who retired last year, Advocate A. Q. Halepota argued that Article 207 (3) (b) of the Constitution did not bar a person having retired as a permanent judge of a high court from pleading in that court. The restriction is applicable only to courts subordinate to the high court.
Appearing as amicus curiae, Advocate Khalid Anwar stated that the bar was absolute and a permanent judge could not practise as an advocate of high court after his retirement from that court.
Deputy Attorney-General Akhter Ali Mahmud submitted that the bar was so well-entrenched that the constitutional provision was not open to interpretation. A superior court judge never practised before the court he served as a judge after retirement as a matter of propriety. Express legal provisions were later made to incorporate the practice in constitutional instruments. He referred to the 1965 Supreme Court judgment in Justice Akhlaq Hussain’s case.
The proceedings would continue on Wednesday. Advocate Abdul Hafeez Pirzada is also appearing as amicus curiae.
