Lawyers to protest against LHC judge’s elevation to SC on 9th

Published September 7, 2021
A file photo of Justice Ayesha A. Malik, who is fourth on the seniority list of the Lahore High Court. — Dawn/File
A file photo of Justice Ayesha A. Malik, who is fourth on the seniority list of the Lahore High Court. — Dawn/File

ISLAMABAD: A number of bodies representing lawyers across the country have called upon their members to turn up in large numbers at a convention in front of the Supreme Court on Thursday (Sept 9) to register their protest against the elevation of Justice Ayesha A. Malik of the Lahore High Court to the apex court.

The convention coincides with a meeting of the Judicial Commission of Pakistan (JCP) which is to consider the elevation of Justice Ayesha Malik to the apex court.

The lawyers are up in arms over the nomination as they feel it violates the seniority principle since Justice Ayesha Malik is only the fourth most senior judge at the LHC.

The appeal was made after a joint meeting of the Pakistan Bar Council (PBC), the Supreme Court Bar Association (SCBA), the Islamabad Bar Council and the high court bar associations at the PBC office on Monday.

Arrangements for the All Pakistan Lawyers Convention were finalised at the meeting.

The meeting condemned the passage of a bill by the National Assembly regarding amendments to the Legal Practitioners and Bar Councils Act, 1973, by inserting a provision — Section 5D — in the act that was against the “basic structure of the Constitution” as well as a “gross violation of parliamentary norms and democratic principles”.

The committee decided to challenge the amendment through “all lawful means available”.

Akhtar Hussain, a senior member of the PBC who represents the council in JCP meetings, criticised the commission for ignoring the seniority principle for elevation of high court judges to the Supreme Court.

Since the rules relating to the appointment of judges were silent on apportioning a quota to any province or a particular high court, it was not necessary that judges were selected for elevation to the Supreme Court from a particular high court, Mr Akhtar argued.

Instead, a judge could be chosen from any high court, he emphasised. Akhtar Hussain suggested that Justice Athar Minallah, the Islamabad High Court’s Chief Justice, be elevated to the apex court since he was the country’s most senior high court judge.

Referring to the elevation of a woman judge to the Supreme Court, Akhtar Hussain wondered why was Justice Mussarat Hilali, fourth in the Peshawar High Court’s seniority list, not considered.

Published in Dawn, September 7th, 2021

Opinion

Editorial

Islamabad march
Updated 27 Nov, 2024

Islamabad march

WITH emotions running high, chaos closes in. As these words were being written, rumours and speculation were all...
Policing the internet
27 Nov, 2024

Policing the internet

IT is chilling to witness how Pakistan — a nation that embraced the freedoms of modern democracy, and the tech ...
Correcting sports priorities
27 Nov, 2024

Correcting sports priorities

IT has been a lingering battle that has cast a shadow over sports in Pakistan: who are the national sports...
Kurram ceasefire
Updated 26 Nov, 2024

Kurram ceasefire

DESPITE efforts by the KP government to bring about a ceasefire in Kurram tribal district, the bloodletting has...
Hollow victory
26 Nov, 2024

Hollow victory

THE conclusion of COP29 in Baku has left developing nations — struggling with the mounting costs of climate...
Infrastructure schemes
26 Nov, 2024

Infrastructure schemes

THE government’s decision to finance priority PSDP schemes on a three-year rolling basis is a significant step...