LHCBA questions elevation of junior judge to SC

LAHORE: The Lahore High Court Bar Association (LHCBA) has also questioned the proposed elevation of a junior judge of the Sindh High Court as judge of the Supreme Court.

A statement issued by LHCBA President Maqsood Ahmad Buttar expressed reservation over elevation of Justice Muhammad Ali Mazhar of the SHC (being at serial No 5 on seniority list) to the Supreme Court. It said a question arises, by the proposed elevation of a junior judge, whether all the four senior judges of the SHC lack the laid down criteria for elevation to the Supreme Court.

It maintained that the elevation of Justice Mazhar from serial No 5 is not only against the spirit of judgment of the Supreme Court in Al-Jihad Trust case but also tantamount to demoralising senior judges of the SHC.

“Until Judicial Commission of Pakistan undertakes and completes framing of transparent and defines criteria for appointments to the apex court, it is perilous to discard the seniority principle,” the LHCBA expressed concern. It said the recent abandonment of the principle of seniority (especially with respect to the Sindh High Court and the Lahore High Court) has led to serious and visible friction, disunity and loss of morale among the judges of the respective high courts.

The statement said the LHCBA fully endorses a letter written by the Sindh High Court Bar Association to Chief Justice of Pakistan Gulzar Ahmad and all members of Judicial Commission with respect to following criteria of seniority. The LHCBA, however, appreciated the proposal for elevation of Balochistan High Court Chief Justice Jamal Khan Mandokhail as judge of the Supreme Court. It stated that Justice Mandokhail is the senior most judge of Balochistan High Court who fulfilled criteria for elevation. Previously, the Supreme Court Bar Association also expressed concern over the proposal to elevate the fifth most senior judge of the Sindh High Court to the Supreme Court.