Bar associations of KP, Sindh express concerns over 'ill representation' in Pak Supreme Court
Oct 30, 2022
Islamabad [Pakistan], October 30 : Strong voices from judges and bar associations raised concern over the 'ill representation' in Pakistan's Supreme Court.
Sources revealed to The Express Tribune that a delegation of four Peshawar High Court (PHC) judges met with Chief Justice of Pakistan Umar Ata Bandial to convey their concerns about not nominating a judge of PHC for elevation to the apex court.
Similarly, two strong resolutions have been passed by the Sindh High Court Bar Association (SHCBA) as well as the Khyber Pakhtunkhwa Bar Council (K-PBC) on the same subject. All superior bars condemned the approval of the elevation of junior judges to the SC.
The KP Bar Council in its resolution noted that over the past many years, the principle of seniority was persistently violated by JCP while picking judges for the SC, reported The Express Tribune.
"Mostly the judges from smaller provinces, particularly the province of Khyber Pakhtunkhwa, have been made the victims of injustice," they said.
They also demanded that the federal government immediately promulgate proper legislation for granting equal representation to all federating units in the apex court, reported The Express Tribune.
They said that after the passage of the 18th Amendment, there were many cases, which were or would be initiated in the SC between the Centre and the federating units or among two or more federating units, and unless all federating units had an equal number of judges in the apex court full compliance to the constitution was in serious doubt.
The statement said that the federation and constitution could only be adhered to in letter and spirit by safeguarding the interests of all federating units by an independent SC with equal representation from all the federating units, reported The Express Tribune.
The SHCBA said that it takes notice of the fact that of the three vacancies that arose in the SC on the retirement of Judges appointed from the Sindh High Court.
"Only two Judges from the Province of Sindh have been appointed to the Supreme Court. The third vacancy was arbitrarily filled by (an out of turn) promotion to the Supreme Court given to a Judge of the Lahore High Court," it stated.
In case the Parliamentary Committee on Judges Appointment approves the JCP nominations, eight judges will belong to the province of Punjab, three from Sindh, two from K-P, and two from Balochistan.
