KARACHI, Feb 13: The respondent additional judges of the Sindh High Court have been confirmed or given extension in accordance with the Constitution and in consultation with the chief justices of the Supreme Court and the Sindh High Court, Attorney-General Latif Khan Khosa submitted on Friday.
The hearing was, however, adjourned by a division bench comprising Chief Justice Anwar Zaheer Jamali and Justice Faisal Arab to March 6 due to the absence of SHC Bar Association president and counsel Rasheed A. Razvi. Advocates Muneer A. Malik and Munirur Rehman, who is also secretary of the SHCBA, appeared for the petitioner association. The attorney-general and Advocate-General M. Yusuf Leghari appeared on court notice. Advocate Yawar Faruqui represented Justice Syed Pir Ali Shah, one of the respondent judges.
The association has challenged the confirmation of Justice Bin Yamin and the six-month extension given to Justices Shah and Arshad Noor Khan who, it claims, were not recommended by CJ Jamali. About Justice Agha Rafiq Ahmed Khan, it says that he was recommended only for confirmation and not for inclusion of his 1994-95 stint in his service as a high court judge. It also asserts that all superior judiciary appointments after November 3, 2007, were unconstitutional as “the de jure chief justice of the Supreme Court”, Justice Iftikhar Mohammad Chaudhry, was not in the picture at all.
In its para-wise comments submitted by Deputy Attorney-General Amer Raza Naqvi, the federal law ministry, however, maintained that all actions and decisions taken on Nov 3, 2007, had been declared valid by the Supreme Court and the appointment of judges and chief justices were constitutional. Dealing with the appointment of the respondent judges, the ministry said it was made on merit and in consultation with the judicial consultees as required by the 1996 Supreme Court judgment in Al Jehad Trust case.
The petitioner had no cause of action and there was no infringement of fundamental rights to justify recourse to Article 199. All state organs were functioning smoothly and the petition was aimed at hampering their normal working, the ministry said in its comments.
Lecturers’ case
The hearing of the petitions moved by over 600 lecturers selected by the Sindh Public Service Commission was again adjourned as Justice Faisal Arab excused himself for holding an inquiry into the SPSC affairs in pursuance of a high court order in April 2007. The petition was earlier being heard by another division bench consisting of Justices Khilji Arif Hussain and Arshad Noor Khan when the latter expressed his inability to proceed with it. It will now be placed before a third division bench.
Advocates Shua-un-Nabi and Zamir Ghumro, who appeared for the petitioners, said 91 of the SPSC-selected lecturers, who approached the court earlier, had already been posted in compliance of the court order while 11 had been given posting by the education department on its own. The petitioners, who had been issued ‘offer’ letters, were thus being discriminated against in violation of their vested right.
Order reserved
The bench consisting of the CJ and Justice Faisal Arab, meanwhile, reserved its order in two petitions moved by taluka nazims Qurban Ali Abbasi and Nabi Bux Khan Lund of Larkana and Dadu, respectively, against their suspension and removal.
Their counsel, Abdul Mujeeb Pirzada, argued that they were removed in violation of the provisions of the Sindh Local Government Ordinance only because they belonged to the opposition. AG Yusuf Leghari maintained that they had been finally ousted by votes of no-confidence passed against them by the respective taluka councils.
Police restrained
Another division bench comprising Justices Azizullah M. Memon and Abdul Rahman Faruq Pirzada extended the stay granted in favour of petitioner Nasreen Fatima in respect of a four-acre plot at Deh Khari Lakh, Tapo Songal, district central, and restrained the police from interfering with her possession of the property.
The petitioner alleged through Advocate Samiuddin that she was in lawful possession of the plot as a lessee but the boundary wall raised by her was partially demolished by a person, who wanted to purchase the property, with police assistance. The hearing was adjourned to a date in office for comments by the Evacuee Trust Property Board, the lessor.
Notices issued
The bench consisting of Justices K.A. Hussain and A.N. Khan issued notices to the defence secretary the director of the naval housing scheme in a petition moved by retired lieutenant commander Aftab Ahmad. The petitioner submitted through Advocate Mahfoozyar Khan that he served the navy 31 years, including 23 years of commissioned service and was eligible to acquire a residential plot in the naval housing scheme. However, he was being denied allotment by arbitrary interpretation of rules. He said according to a presidential notification, the navy service was to be treated on a par with the army service for the purpose of allotment of residential plots.
The bench allowed a petition moved by the association of insurance surveyors for grant of licences by the Securities and Exchange Commission of Pakistan. The petitioner’s counsel, Zamir Ghumro, submitted that the licences were being withheld by the SECP in contravention of the rules. The bench asked the commission to adhere to the law and rules while considering the surveyors’ plea.
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