Judges’ appointments: Top judiciary mulls bringing back judges sacked in 2009

ISLAMABAD: The superior judiciary has finally started considering re-appointment of those judges who were shown the door by the Supreme Court on July 31, 2009, as they were appointed by the ‘de facto’ chief justice Abdul Hameed Dogar. Sources revealed to The Express Tribune that Chief Justice of Pakistan Tassaduq Hussain Jillani has summoned a meeting of the Judicial Commission of Pakistan (JCP) on May 8 regarding the appointment of ten Sindh High Court additional judges. Sources say Sindh High Court Chief Justice Maqbool Baqir has also recommended the name of Prosecutor General NAB K K Agha to the JCP as SHC additional judge. “K K Agha was an SHC judge for a few months but was removed through the top court’s July 31, 2009 judgment,” these sources said. This is the first time since July 31, 2009, that the superior judiciary is considering the reappointment of any sacked judge.

Senior lawyer Tariq Mahmood told The Express Tribune that this is ‘a good move’ by the superior courts as the judges, who were competent, honest and had taken oath under the restored Constitution, were elevated by a democratically-elected government. He also urged CJP Tassaduq Hussain Jillani to strengthen the high courts and stop the elevation of high court judges in the apex court for some time. Former chief justice Iftikhar Muhammad Chaudhry did not consider the reappointment of judges who were removed by SC’s July 31, 2009 verdict. The Pakistan Bar Council, the top regulatory body of lawyers, is demanding the reconsideration of judges who took oath under the restored Constitution and who were elevated by a democratically-elected government. The PBC also passed resolutions to this effect, demanding that the Judicial Commission reconsider the dismissal of these judges. Regarding the matter, PBC Vice-Chairman Muhammad Ramzan Chaudhry addressed the full court on April 11. He said, “Our constitutional history is replete with instances of the removal of judges by non-political forces. Sadly, on July 31, 2009, for the first time in our judicial history, a few judges removed a large number of their own brethren. In other words, 14 judges of the superior court sacked over 100 Judges without hearing them, disregarding Article 209 of the Constitution. Unfortunately, this led to a divide between the bench and the bar.” He also requested the SC to revisit its judgment. Meanwhile, sources said SHC CJ Maqbool Baqir has initiated the names of four lower judiciary judges as well as six lawyers regarding the appointment of SHC judges. “The names of the judges are Ghulam Qadir Laghari, Abdul Ghani Soomro, Syed Saghir Hussain Zaidi and Rashid Ahmad Soomro,” they added. The names of six lawyers up for reappointment are Ahmad Raza Naqvi, Syed Saeeduddin Nasir, K K Agha, Muhammad Hassan, Muhammad Iqbal Kolhoro and Shahab Sarki. Sources said the appointment of Islamabad High Court judges has been postponed two times in the last two months. Earlier, CJP Tassaduq Hussain Jillani summoned a meeting of the JCP on April 10 to discuss the appointment of two Islamabad High Court (IHC) judges. IHC Chief Justice (CJ) Anwar Kasi had suggested four names for the appointment of two additional judges. Later, a three-member panel of the JCP’s sub-committee, headed by the IHC’s Justice Riaz Ahmad Khan, was due to hold a meeting on April 9 and to shortlist two names from the list of four nominees; however, the commission’s meeting was postponed at the eleventh hour. Published in The Express Tribune, April 26th, 2014.