ISLAMABAD - Pakistan Bar Council (PBC) has demanded of the Supreme Court of Pakistan to seriously consider revisiting 31st July judgement in respect of removal of over 100 judges of the superior courts without hearing them.
"Our constitutional history is replete with instances of removal of judges by non-political forces. However, sadly on 31st July, 2009 for the first time in judicial history of the country a few judges removed a large number of their own brethren i.e. 14 judges of the apex court sacked over 100 judges of superior courts without hearing them and disregarding Article 209 of the constitution," said Chairman PBC Ramzan Chaudhry while talking to The Nation.
Regarding appointment procedure of judges in superior courts, Chaudhry said they had been expressing dissatisfaction over appointment procedure of the Judicial Commission of Pakistan (JCP). "The consultative process, especially with the representatives of the bar, within and outside the JCP is necessary but due to the present composition of the Judicial Commission the voice of representatives of the bar is too little to prevail upon the worthy judges who are in majority in the commission."
He demanded amendments in the Judicial Commission of Pakistan Rules, 2010 for ensuring meaningful consultation with the bar in the process of appointment of judges of the superior courts, saying; "I hope the desired amendments in the JCP rules will be made."
About rampant corruption in the lower judiciary, Chaudhry said an efficient system to control this situation and initiate remedial steps for eradication of corruption from the lower tier of the judiciary is essential. The PBC expected that the apex court would pay attention and would take concrete steps for eradicating corruption from the lower judiciary for restoring public confidence in the dispensation of justice.
The PBC also expressed concern over the inadequate security in and around court premises, which has not only endangered efficient and smooth functioning of the judicial system but has also increased sense of insecurity among judges, lawyers and the litigants. "It is very unfortunate that despite clear and specific order of the Supreme Court for providing foolproof security in and around courts' premises no tangible steps have been taken by the federal and the provincial governments," he said.
Chaudhry also demanded amendments in Supreme Court Rules 1980. He said the PBC rules committee after examining the SC rules extensively in the light of constitution and the sociopolitical conditions of the country has come to the conclusion that the Supreme Court Rules should be amended, especially Order IV Rule 4, Order XII Rule 5, Order XVII, Order XXV, Order XXVI Rule 5, 6 and 9 and Order XXXIII.