ISLAMABAD: Taking exception to reappointment of retired judges in special courts, the Pakistan Bar Council (PBC) demanded on Friday immediate removal of those who have been appointed as special court judges or their services extended for more than once.

Presided over by Advocate Abdul Fayaz, a meeting of PBC’s executive committee adopted a resolution demanding the annulment of all such appointments by the authorities concerned as well as laying off of all those individuals whose services have been extended as judges of the special court or employees of high courts who have been re-employed after their retirement.

“As per directions and decisions of the Supreme Court of Pakistan, no retired judge or any other person can be re-appointed against any vacant post, but to the disappointment of the legal fraternity, different governments and Sindh and Islamabad high courts are appointing retired judges and other persons against different vacant positions, including judicial offices, in special courts,” the resolution said.

“This is in clear violation of directions and decisions of the Supreme Court and is also contrary to Articles 189 and 190 of the Constitution,” the resolution said.

Explaining further, Mohammad Shoaib Shaheen, a member of the PBC executive committee who was specially invited to attend the meeting, told Dawn that the council had been receiving complaints from different bar councils and associations about such appointments or extension in services of retired judges.

Citing examples, he said that six judges of different antiterrorism courts in Sindh had been given extension in their services, in many cases for the third time, despite the fact that they had completed their term and retired.

Similarly, he said, the registrar of the Islamabad High Court has been re-appointed against the same vacant post, which was a clear violation of the 2011 Supreme Court order in the Haj corruption case in which then chief justice Iftikhar Mohammad Chaudhry had held that no retired person should be re-appointed in the same position.

“Such appointments come under the definition of favouritism and nepotism,” he said.

Similarly, Advocate Tahir Nasrullah Warriach, another member of the BPC executive committee, also expressed reservations over such appointments and said he had even raised his voice against the appointment of two retired judges as ad hoc judges in the Supreme Court.

Such appointments or extensions not only violate the fundamental rights of all those who have legitimate expectancy to be elevated to senior posts, but also discourage the next in line since his/her promotion is also affected.

The council members will take up the matter again as a follow-up case during the upcoming general house meeting which is scheduled to be held on Aug 13.

The members of the executive committee also pledged to send copies of the resolution for perusal of Supreme Court Chief Justice Anwar Zaheer Jamali, the secretary of establishment and four provincial chief secretaries.

Published in Dawn, August 6th, 2016