Peshawar High Court Chief Justice Waqar Ahmed Seth on Thursday approached the Judicial Commissi
on of Pakistan over not being elevated to the posi
tion of a Supreme Court judge. The PHC chief justice penned a letter to Chief Justice of Pakistan Gulzar Ahmed about the violations of the constitution, following the out of turn eleva
tion of junior judges of the Lahore High Court (LHC).
The letter read, “The petitioner has a legitimate expectancy to be appointed as a judge of the Supreme Court on the basis of his
seniority, suitability and merit, but he has been ignored and superseded thrice without affording him an opportunity to be heard.” It also said that the appointment of the LHC judges has been made in viola
tion of the principle of
seniority.
It also mentions that the petitioner, being a superseded judge, has been disqualified in the future for elevation to the SC, and if elevated, he will rank lower than the junior jud
ges. The letter also mentioned that the out of turn elevation to the apex court will damage the image of the judiciary.
Supreme Court Bar Association President Syed Qalb-i-Hassan raised objections over the letter. He said it is not mandatory to elevate the
senior most judge to the SC, adding that Justice Mazahar Ali A
kbar was appointed LHC judge in February 2010, while Justice Seth was nominated as PHC judge in August 2011.
Lawyers are divided over the eleva
tion of judges on the principle of
seniority. One sec
tion of the legal community has a consistent view that
seniority shouldn’t be the only factor and the criteria should include competency and reputation. Two former chief justices – Mian Saqib Nisar and Asif Saeed Khosa – during their respective tenures did not adhere to the principle of
seniority while elevating judges to the apex court. Three junior judges – Justice Munib Akhtar, Justice Qazi Amin Ahmad and Justice Muhammad Aminuddin Khan – were elevated on the basis of “competency and reputation”. The SC in its judgment in the Faqir Khokhar case has already maintained that appointment of the SC judge is a fresh appointment and a junior judge can also be elevated.
