PESHAWAR: The Peshawar High Court (PHC) on Wednesday adjourned the hearing of a petition challenging the appointment of an acting chief justice and the appointment of junior judges to the Supreme Court while ignoring senior judges, upon the request of the petitioner.
A two-member bench comprising Justice Syed Arshad Ali and Justice Fazal Subhan heard the case. The petitioner’s counsel, Advocate Malik Suleman, appeared before the court and pleaded that the Judicial Commission of Pakistan appointed judges to the Supreme Court on February 10. However, he said that in this process senior judges were overlooked and junior ones were appointed instead. He argued that giving preference to junior judges over senior ones was illegal, unconstitutional and against the decisions of the Supreme Court.
“Appointing junior judges instead of senior ones contradicts the true spirit of an independent judiciary, which serves as the guardian of fundamental rights. The appointment of juniors over seniors is a violation of Article 227, and appointing junior judges without providing any justification is against Section 224A and the General Clauses Act of 1897,” the lawyer pleaded.
Also, he said that denying senior judges the opportunity to be heard was also a violation of the Supreme Court’s 2005 SCMR decision. According to the petitioner, even the current SC chief justice was appointed while bypassing two senior judges. This, he argued, was an injustice in the court of justice, and the appointment of juniors created an impression that the government was appointing its preferred individuals. The petitioner requested the court to accept the petition and suspend the notification issued on January 10. He also informed the court that another petition has been filed challenging the seniority of judges and the appointment of the acting chief justice.
However, necessary documents regarding the seniority list have been submitted, but the Registrar’s Office has raised objections. Since they have not yet received a copy of these objections, they need time to address them. Accepting the petitioner’s request, the bench postponed the hearing indefinitely.
