Karachi
The Sindh High Court issued notices to the advocate general, the federal law ministry and the provincial law department on Saturday on a petition challenging the contractual appointments of retired judicial officers to ex-cadre or administrative posts against the decision of the apex court and the National Judicial (Policymaking) Committee.
The petitioner, Mohammad Rafique Khan, a practicing lawyer and an former member of the Karachi Bar Association’s managing committee, challenged the appointments of retired judicial officers in the subordinate judiciary of the province.
He submitted that the National Judicial (Policymaking) Committee, under the chairmanship of the then Chief Justice of Pakistan Iftikhar Mohammad Chaudhry, had remarked in its statement on December 10, 2013 that the practice to appoint retired judicial officers as presiding officers to ex-cadre posts had been disapproved.
He submitted that the policy emphasised for placing of special courts and tribunals under the administrative control of the judiciary and appointing the qualified presiding officers in such courts/tribunals on the recommendations of the chief justices of the respective high courts and the practice of appointment of the retired judges/judicial officers as presiding officers of such courts had been disapproved.
The petitioner said the practice of appointing retired judges would adversely affect the judicial system as a whole. He added that retired judicial officers had no confirm expectancy of further extension, as such, they were not passionate or accountable. He submitted that despite clear and non-ambiguous directives, the federal and provincial governments had appointed retired district and sessions judges as well as many others against the vacant posts in administrative and other courts.
He submitted that government had appointed three lawyers as presiding officers of the ATCs and judicial member of the custom, excise and sales tax appellate tribunal’s bench-I at Karachi.
The court was informed that the appointments of retired judicial officers/advocates made in violation of the several orders passed in different proceedings before the Supreme Court are illegal, hence the same may be terminated. He requested the court to call record of all such appointments, including the record of the retired and serving district and sessions judges through SHC Registrar under the article 189 of Constitution.
The court was also requested to declare the appointments illegal and against the decisions of the apex court and the NJPMC, whose decisions should be implemented through the SHC registrar. It was pleaded to restrain the judicial officers from serving on ex-cadre or administrative posts.
The court, issuing notices to the respondents, also directed its registrar to file comments by the next date of hearing.