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PBC seeks role in determining SC judges’ strength

By Sohail Khan
February 18, 2016

Says it will challenge legislation made for increase, if not consulted

ISLAMABAD: Pakistan Bar Council (PBC) on Wednesday demanded that it should be consulted for determining the strength of judges in Supreme Court.

An emergency meeting held at the Supreme Court, chaired by PBC Vice-Chairman Senator Barrister Dr Farogh Nasim, resolved that the strength of judges had to be determined only after mandatory and purposive consultation with the apex court and the PBC which was a vital stakeholder in administration of justice.

The meeting said if the number of Supreme Court judges was increased through any legislation without meaningful consultation, the PBC would challenge that amendment for being unconstitutional, as the council, after the 18th Amendment, had an effective say in the appointment and confirmation of judges in superior judiciary.

It also called for finalising the appointment of ad-hoc and additional judges of the Supreme Court after consulting the PBC. The meeting noted that the council was the highest statutory body and regulator for lawyers and law colleges and universities.

Later, Farogh told newsmen at his office that merit should be adopted for appointing judges in the superior judiciary, adding that reservations had already been expressed over the decisions of Parliamentary Committee on Appointment of Judges. The committee should not be politicised, he remarked.

There should not be any likes and dislikes in the parliamentary committee, Farogh said. He said there was no need to increase the strength of judges in the Supreme Court, adding that he would not change his stance and could also raise the issue in Senate.

It is pertinent to mention that the Senate on January 6 had unanimously passed a bill to increase the number of judges in Supreme Court in order to provide speedy and inexpensive justice to the people.

To a question, Farogh said the country’s chief executive should not pressurise the National Accountability Bureau (NAB) in performing its duties for eradicating corruption. “NAB is a legal and statutory body, mainly independent with the task to wipe out corruption; hence, it should not be used for political victimisation.”

“Unless and until NAB is not allowed to function independently, corruption could not be eradicated in the country,” Farogh added, while referring to the comments of Prime Minister Nawaz Sharif made the other day. On the other hand, a meeting of PBC Enrolment Committee approved the names of 10 lawyers as Supreme Court advocate.

The meeting held at the Supreme Court was chaired by Justice Mian Saqib Nisar. The committee interviewed 30 lawyers but found only 10 applicants fit for enrolment. They are: Junaid Iftikhar Mirza, Jahangir Khan, Ch Riaz Ahmed, Raja Khalid Mahmood, Muhammad Usman, Abdul Razzaq, Raja Amir Akbar, Ghulam Fareed, Raja Shafaat Khan and Raila Saboohi.

  The cases of 19 applicants were deferred for further consideration in future as they were not found up to the mark. The case of another applicant was, however, adjourned being not present.