ISLAMABAD: A senior member of the Pakistan Bar Council (PBC) on Monday expressed his scepticism through a letter to the body, suggesting that it reconsider its demand to fill the vacant office of a judge in the Supreme Court through elevation among lawyers.

Recently, the executive committee of the PBC demanded appointment from lawyers to serve on the bench in the Supreme Court against the current vacancy after superannuation of retired Justice Sheikh Azmat Saeed.

In the letter to the PBC, Raheel Kamran Sheikh proposed a number of suggestions by stating that he was somewhat sceptical about the demand put forth by the executive committee.

As the Latin maxim said that the law was written on sleeves of the judges, competence was a necessary but not sufficient condition to be a good judge, the letter says, adding that juristic ability, temperament, sense of responsibility and above all sense of justice and fairness were a few other pre-requisites for becoming a judge.

A brilliant lawyer might turn out to be a disappointment as a judge, the letter says, adding that this might well be because of the differences in the roles and absence of one or more of these prerequisites. Should the Supreme Court, which is the ultimate forum for the dispensation of justice, be made a testing ground to ascertain one’s abilities to serve on the bench, the letter poses a question.

It goes on to say that at the high courts level, the practice of appointments as Additional Judges for a certain period serves the system better, otherwise all those who were not confirmed would have been serving on the bench notwithstanding one or the other shortcoming.

“Indeed it does carry with it the fear that an additional judge may hesitate to act boldly in certain types of cases, however, the benefits clearly outweigh such limited conservatism as the process carries with it a good possibility of re-evaluating credentials to serve on the bench after initial appointment,” the letter said.

Published in Dawn, September 3rd, 2019

Opinion

Editorial

Falling temperatures
Updated 04 Jan, 2025

Falling temperatures

Vitally important for stakeholders to acknowledge, understand politicians can still challenge opposing parties’ narratives without also being in a constant state of war with each other.
Agriculture census
04 Jan, 2025

Agriculture census

ACCURATE information relating to agricultural activities is vital for data-driven future planning, policymaking, as...
Biometrics for kids
04 Jan, 2025

Biometrics for kids

ALTHOUGH the move has caused a panic among weary parents mortified at the thought of carting their children to Nadra...
Kurram peace deal
03 Jan, 2025

Kurram peace deal

It is the state’s responsibility to ensure that people of all sects can travel to and from the district without fear.
Pension reform
03 Jan, 2025

Pension reform

THE federal government has finally implemented several parametric reforms introduced in the last two budgets to...
The Indian hand
03 Jan, 2025

The Indian hand

OFFICIALS of the Modi regime were operating under a rather warped sense of reality, playing out Bollywood fantasies...