| Citation(s) |
|---|
| 2016 SLG 934 2016 SLD 934 2016 CLC 25 |
Sindh High Court
Const. Petitions Nos. D-4430 and D-4629 of 2014, decided on3rd August, 2015. Date of hearing: 15th July, 2015.
AQEEL AHMED ABBASI, SYED HASSAN AZHAR RIZVI AND SADIQ HUSSAIN BHATTI, JJ
Zamir Hussain Ghumro along with Faizan Hussain and Malik Naeem Iqbal for Petitioner (in C.P.No. D-4629/2014).Muharram G. Baloch, Z.K. Jatoi, Ch. Waseem Akhtar along with Mallag Dashti for the Petitioner (in C.P.No. D-4430/2014).
Const. Petitions Nos. D-4430 and D-4629 of 2014, decided on3rd August, 2015. Date of hearing: 15th July, 2015.
AQEEL AHMED ABBASI, SYED HASSAN AZHAR RIZVI AND SADIQ HUSSAIN BHATTI, JJ
Zamir Hussain Ghumro along with Faizan Hussain and Malik Naeem Iqbal for Petitioner (in C.P.No. D-4629/2014).Muharram G. Baloch, Z.K. Jatoi, Ch. Waseem Akhtar along with Mallag Dashti for the Petitioner (in C.P.No. D-4430/2014).
HIGH COURT BAR ASSOCIATION, HYDERABAD through President and anothersVSFEDERATION OF PAKISTAN through Secretary Law and Justice and Human Rights Division and others
Law:
Section:
(a) Judicial Commission of Pakistan Rules, 2010--- ----R. 6---Examination of s authored by nominee Additional Judges---"Final decision"---Principle---Constitution of one member Committee to examine such s by the Chairman (Chief Justice of Pakistan)---Opinion of such Committee was subject to further scrutiny by all the members of the Commission---Once the other member of Judicial Commission of Pakistan, after scrutiny, concurs with one member committee, then the same does not remain the opinion of one member committee and becomes final decision of Judicial Commission of Pakistan. (b) Constitution of Pakistan--- ----Arts. 175-A & 199---Constitutional petition---Appointment of Judges---Parliamentary Committee, role of---Petitioners were High Court Bar Associations and dispute pertained to non-confirmation of two Additional Judges of High Court---Petitioners assailed subsequent notification whereby earlier notification dated 26-4-2014 was withdrawn and confirmation of two judges was declined---Validity---Parliamentary Committee had no authority to consider or approve appointment, extension of tenure or confirmation of an Additional Judge at its own unless the name of such person was duly recommended by Judicial Commission of Pakistan for such purpose---Names of Judges in question were not approved for confirmation or extension by Judicial Commission of Pakistan, therefore, the decision taken by Parliamentary Committee in relation to said two Additional Judges, recommending extension of their tenure for one year to the President of Pakistan was ab initio without jurisdiction and of no legal effect---Notification No. F.6 (1)/2012.ALL, dated 26-4-2014 issued by Federal Government, giving effect to the decision of Parliamentary Committee, extending tenure of two Additional Judges for a period of one year, was without lawful authority---Earlier notification was validly and properly withdrawn by subsequent notification dated 26-4-2014---Decision of Judicial Commission of Pakistan, either unanimous or by majority of its members relating to evaluation of caliber, competence, legal acumen and overall suitability of a nominee for appointment as a Judge of a…