ISLAMABAD - Justice Muhammad Farrukh Irfan, a judge of Lahore High Court, on Friday moved the Supreme Court against LHC Chief Justice’s order to relegate his seniority.
The judge has filed the petition under Article 184(3) of Constitution with the prayer to set aside Lahore High Court Chief Justice Syed Mansoor Ali Shah order dated 26th November, 2016 passed on administrative side. He further requested that his seniority may kindly be restored where he stood in the seniority list prior to 26-11-2016.
Justice Farrukh was appointed as additional judge of the LHC along with 21 other additional judges via notification F.5(1)2010-A-11 on 17-02-2010. When the notification of 22 judges was issued on 17-02-2010 the petitioner was in USA. He was informed on telephone that the oath will be administered on 19-02-2010. He could not reach that day, but came back to Pakistan on 20th February. The same day the then CJ LHC administered his oath. The petitioner said delay in taking oath is not, and cannot be attributed to any act on his part, The 21 judges took oath on 19th February, 2010.
The petitioner said the then CJ LHC Kh Sharif through the then senior puisne judge sought consent of other 21 judges that they would not object to the fixation of his seniority according to the notification. They all gave their consent that neither they had objection to determination of seniority in accordance with age among the additional judges of the same batch nor would they ever agitate.
Justice Farrukh said, accordingly, the seniority list of judges was made and determined in his name, was set senior to Justice Muhammad Qasim Khan, Justice Syed Mazahar Akbar Ali Naqvi and Justice Mazhar Iqbal Sidhu. Justice Farrukh stated since 19th February, 2010 till 26-11-2016 the respondents 3, 4 and 5 had acquiesced by consent and conduct from claiming senior over him.
The petitioner said Chief Justice LHC Syed Mansoor Ali Shah on 26-11-16 relegated his seniority below the judges younger in age to him in the said batch mates – Justice Muhammad Qasim Khan, Justice Syed Mazahar Akbar Ali Naqvi and Justice Mazhar Iqbal Sidhu.
Justice Farrukh stated the order of the CJ LHC is violative of the fundamental rights guaranteed to him under Articles 10A and 25 of Constitution. He requested the apex court to declare the LHC CJ’s order illegal, without lawful authority, viod ab initio, without jurisdiction and of no legal effect and non est.