SC moved against full court resolution

LAHORE A Constitutional petition has been moved before the Supreme Court of Pakistan against the Full Court resolution carried on February 14 to seek extension in the adhoc services of two SC judges. The petition filed by Watan Party in the Lahore Registry of the Apex Court, has also prayed to the court to do away with the scheme of appointing adhoc judges as envisaged through the Judicial Commission under the 18th Amendment, and the lower age of appointing the high court judges may be cut down to 40 years from the existing 45 in order to provide the judges a longer period to serve with the superior judiciary. Through Barrister Zafarullah Khan, the petition assails the passage of Full Court resolution carried unanimously by the 17 judges of the Supreme Court on February 14 terming it unprecedented in the judicial history to seek reappointment as adhoc judges including Khalilur Rehman Ramday and Rahmat Ali Jaffry. Hence, the impugned resolution is a negation of the SC decision. The resolution appears in a bid to build pressure on the President to accept the adhoc appointment of the two judges. Moreover, the demand made through the resolution is also contradictory to the stand taken by the SC in a case being heard at present to discourage the after service reappointment of public functionaries. It further says adhoc appointment runs counter to the Al-Jihad case of the Supreme Court of Pakistan. The petitioner has also questioned composition of the present Judicial Commission contending it comprises two senior judges of the Supreme Court besides Chief Justice of Pakistan as head of the Commission notwithstanding the fact, the number of judges has been raised to four under the 19th Constitutional amendment that needs to be implemented. The petitioner contends if workload is a problem necessitating appointment of adhoc judges, the problem could be addressed by way of reducing the lower age of judges to enable them a longer stay in service as well as by increasing the number of permanent seats in the SC.

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