SHC seeks replies over non-confirmation of two judges
KARACHI: The Sindh High Court (SHC) on Friday directed secretary, ministry of law and parliamentary affairs, and parliamentary committee to submit their respective replies in a petition challenging decision of a parliamentary committee for not confirming two judges of SHC.
The SHC Bar Association (SHCBA), through its president Mustafa Lakhani, cited Federation of Pakistan through secretary, ministry of law and parliamentary affairs, and parliamentary committee, as respondents.
The petitioner submitted that Justice Nadeem Akhtar and Justice Muhammad Shafi Siddiqui were appointed as additional judges of the provincial high court on March 19 last year for the period of one year.
He stated that in view of their commendable performance as additional judges, the judicial commission had recommended both the judges for their appointment on permanent basis.
However, he said, the parliamentary committee, which met on Feb 2, without issuing any show-cause notice and giving any plausible or proper reason, dropped the names of both the judges.
The petitioner said that reason given by the committee for dropping the names of judges is illegal as the PC declared the judges as tax defaulters without conducting any investigation into the matter, which was unfair, adding the parliamentary committee had wrongly victimised the judges on baseless grounds.
Lakhani stated that impugned notification is unjust as both judges were issued show-case notices. He prayed to the court to declare decision of the parliamentary commission for dropping names of the judges as void-ab-initio.
The petitioner also prayed to court to declare both judges as permanent judges of the SHC and the respondents be directed to issue the necessary notification.
Headed by Justice Maqbool Baqar, the division bench issued notice to the respondents as well as the attorney general of Pakistan.
The hearing of the case was subsequently adjourned to Feb19.