PHC allows candidates to appear in screening test

PESHAWAR: The Peshawar High Court (PHC) on Friday withdrew the condition of five attested Wakalatnamas (power of attorney) per year of the decided cases of the last five years for the candidates appearing in the screening test for the posts of additional district and sessions judge.

A bench headed by PHC Chief Justice Yahya Afridi allowed the writ petition that had challenged the condition put up for candidates for the judges’ positions.

The PHC chief justice allowed the petitioners to appear in the examination without producing Wakalatnamas with their applications for the posts. He directed the high court registrar to include the petitioners’ names in the screening test for the posts.

Before this judgement, only three candidates were allowed to sit in the screening tests. Many lawyers were barred from applying for the posts of additional district and sessions judges due to the strict condition of Wakalatnamas.

Many candidates would now become eligible for the screening test.

On Friday, when a division bench headed by Justice Muhammad Ayub Khan took up the case for hearing, he refused to hear it on the plea that he was registrar of the high court when the condition was set and was made a party to a writ petition challenging the condition.

He transferred the case to Chief Justice Yahya Afridi again. The chief justice straight away decided the case by withdrawing the condition of Wakalatnamas and allowing the petitioners to appear in the screening test.

On Thursday, the chief justice had transferred the case to a division bench headed by Justice Roohul Amin Khan with the observation that being chairman of the administrative committee he could not hear the case.

Justice Roohul Amin Khan, being a member of the administrative committee which added this condition for the judges’ posts, also observed that he cannot hear the case. He transferred it again to the chief justice to fix it before a judge who is not member of the administrative committee of the high court.

Three candidates, all lawyers from Abbottabad district, who filed the petition were Muhammad Babar Shafi, Raja Muhammad Hasrat and Majid Irshad had filed the petition.

During the hearing when the petitioners’ lawyer, Tipu Muhammad Sultan started making arguments, the chief justice said he was going to accept the petition.

When the lawyer submitted that the petitioners had no Wakalatnama, the chief justice observed that even then they were allowed to take the screening test. He directed the PHC registrar to put their names in the list of eligible candidates for the screening test.