Separation of district judiciary from executive: Govt dragging feet on proposed law despite PHC reminders

PESHAWAR: Despite several reminders of the Peshawar High Court (PHC), the Khyber Pakhtunkhwa government has made no substantial progress on the draft of the Khyber Pakhtunkhwa Judicial Service Act, 2018 to separate district judiciary from the executive.

The proposed draft has also prescribed service structure for the staff of the district judiciary in the province.

An official source confided that the PHC had sent the draft of the Khyber Pakhtunkhwa Judicial Service Act, 2018, prepared by Chief Justice Waqar Ahmad Seth, to the provincial government for necessary action/approval in November 2018 but no substantial progress has been made on the part of the government.

The source said the high court has sent several reminders to departments concerned besides holding meetings with them to expedite the process so that this important draft could be tabled before the provincial cabinet and legislature.

“The Khyber Pakhtunkhwa Judicial Service Act, 2018” was forwarded to the government for complete separation of district judiciary from the executive and to prescribe service structure for the staff of the district Judiciary. The establishment of the Secretariat of District Judiciary is also a part of the said Act,” the source said.

“Further delay on the part of government departments will affect the working of district judiciary, including appointment and transfers of judicial officers and other relevant staff,” an official said.

The Judicial Service Act letter was shared with the Khyber Pakhtunkhwa government on November 1, 2018, and a reminder was issued on February 14 2019. The PHC is cognizant of the ever-increasing demand of posting judicial officers. It said that initially requisition of 22 judicial officers was made to KP Public Service Commission followed by another requisition of 53 judicial officers.

“It also included 24 civil judges for the erstwhile Fata. But no civil judge has been recruited so far,” the official added.

The PHC in the respect of the newly merged districts timely informed the provincial government about human resources, financial and logistic requirements to make the courts functional in the districts.