SC verdict on Article 63-A against Constitution: SCBA chief

ISLAMABAD: Supreme Court Bar Association President Ahsen Bhoon said Monday that the Supreme Court decision on Article 63-A was against the Constitution.

Speaking at the ceremony of the new judicial year, he said he had demanded a full court constitution for early hearing of a review petition pending with the apex court on Article 63-A of the Constitution.

Likewise, he said that legislation should also be made for the right to appeal against decisions given in cases related to original jurisdiction exercised by the apex court through suo moto and under Article 184(3) of the Constitution.

Bhoon said that the SCBA had condemned character assassination of judges and their families on the social media, adding that derogatory remarks against the judiciary are not acceptable. He also urged the chief justice to take notice in this regard.

He also stressed for completing the strength of judges of the apex court, adding that the pace of dispensation of justice has become slow as five posts of judges have not been filled yet. He requested the chief justice to notify the standard for appointment of five judges with consultations.

Attorney-General Ashter Ausaf lauded the role of Chief Justice of Pakistan in identifying the problem right from the start of his tenure and moving to fix it. He said that this is the first time in nearly a decade that the backlog of cases at the Supreme Court had declined, adding that this commendable achievement leads to a permanent transformation and the apex court accepts only those cases that merit the consideration of our apex jurists where there arises a substantial question of law.

He said that he had been advocating that same principle for a quarter-century. “Criteria will ensure not only that elevations are made in the public interest, but also that the members of the Judicial Commission may confirm appointments in an atmosphere of collaboration and mutual goodwill.

“To ensure the dispensation of justice, it is vital that the most outstanding jurists be elevated to this August Supreme Court in a manner that is rooted in merit and process,” the AG said. Pakistan Bar Council Vice-Chairman Hafeezur Rehman Chaudhry also condemned criticism being made by leaders of political parties on social media against the decisions of the judges, adding that they should file appeals or review petitions instead of criticism.

He demanded that strict action be taken against such elements, adding that it is the responsibility of everyone along with institutions to accept and implement the decision of the superior judiciary in letter and spirit.

The PBC leader said that by not making timely appointments as well completing the strength of judges in high courts was the biggest hurdle to dispensation of justice and timely decisions in cases. He stressed the need that appointments in the higher judiciary should be ensured on merit in view of seniority principles and with a consensus of the members of the Judicial Commission.