QUETTA - All lawyers associations in Balochistan on Tuesday have announced to boycott the Independence Day celebrations, launching ceremony of Balochistan High Court Website and all the proceedings of Supreme Court and subordinate courts against the nomination of judges without taking lawyers into confidence.
Addressing a joint Press conference, the leader of Pakistan Bar Council Munir Kakar, leader of Supreme Court Bar Council Abdullah Kakar, Balochistan High Court Bar Council Zahoor Shahwani, leader of Baloch Lawyers Action Committee Shah Muhammad Jatoi said that Judicial Commission didn’t take into confidence lawyers regarding the nomination of judges and the lawyers whose names had been suggested for appointment as judges did not fulfil the required qualification.
“We had informed Judicial Commission before their nomination regarding our reservations,” they said and ,added, but our reservations were paid no heed and therefore, we are holding protest. They said that they would not participate in the ceremony held with regard to Independence Day in Balochistan High Court premises and would boycott the proceedings of Balochistan High Court and all subordinate courts. “No lawyer would appear for the cases proceedings,” they said.
The decision of the Judicial Commission has to be ratified by Parliamentary Committee and our purpose is to acquaint Parliamentary Committee of our reservations so that competent and professional lawyers could be appointed. “Despite this our demands were not accepted, we would intensify our protest,” they warned. It may be mentioned here that the new method of appointment of judges to Apex Court and High courts was introduced in 18th amendment of the Constitution and was later modified in 19th Amendment which states the judges would be appointed through a Judicial Commission which would comprise Chief Justice as its Chairman and four senior most judges of the supreme court.
According to details:”one former Chief Justice or a retired judge of Supreme Court appointed in consultation with four members for a period of two years.
Attorney General and Federal Law Minister as its members.
The Judicial Commission, comprising above members would approve names for appointment of judges against vacant position thereof which would be forwarded to Parliamentary Committee, having 8 members equally divided between Upper and Lower Houses of Parliament and having equal representation of Treasury and Opposition benches.
This committee has a period of two weeks to approve the nominations. If approved the nominations are forwarded to President through Prime Minister for final approval of appointment. The committee can also reject the nominations, for reasons to be recorded, by three fourths majority and in which instance the decision is forwarded to Commission through Prime Minister and commission then sends other nominations.”
The total strength of the Balochistan High Court is Constitutionally 11 judges plus Chief Justice. Currently 8 judges are working and 3 are to be appointed for which following three names were approved by Judicial Commission: Kamran Mullakhel, Ejaz Swati and Shakeel Baloch.