Asma questions composition of JC

LAHORE President Supreme Court Bar Association (SCBA) Asma Jahangir has expressed reservations at the Judicial Commission for not enlisting any Lahore lawyer among the prospective judges of the Lahore High Court which, she added, was a clear message to the bar that it did not have any member capable of becoming judge in the higher judiciary. Addressing a Press conference flanked by SCBA secretary Qamar Zaman Qureshi and vice president (Lahore) Zubair Khalid, here Tuesday Asma also questioned the composition of the Judicial Commission saying, it was contrary to the constitutional provisions. According to Article 175A(A) of the Constitution an advocate having not less than 15 years practice in the high court will be nominated by the concerned bar council for a term of two years as member of the JC. But, she said, one member from Balochistan did not possess the required experience. She said one member from Balochistan as member of the JC is additional judge but according to the Constriction the most senior judge of the high court should be the member. Referring to the recent confirmation of the judges of the LHC, Asma said this confirmation was also against the due process as their confirmation or otherwise was due in February 2012. She said the JC also discriminated against the lawyers in favour of sessions judges about the appointment of judges even ignoring corruption factor about the judicial officers. She said the lawyers held movement for independence of judiciary and not for the restoration of few persons. She said although some judges and lawyers gained huge gains in that movement but she and others took part in the movement above that interest. To a question, she said Justice Jawad S Khawaja, judge of Supreme Court, was rewarded by being appointing as judge for his struggle for the restoration of judges. It is worth mentioning here that Justice Jawad had resigned as judge of the LHC during movement. SCBA Secretary Qamar Zaman Qureshi differed with the views of his president about Justice Jawad and said he had reservations over the statement of Ms Asma about Justice Jawad. He said Justice Jawad deserved to be the judge and he was appointed purely on merit. He said SC needed Justice Jawad. Speaking about reopening of Bhuttos trial, Asma said that main and the fundamental question is not simply miscarriage of justice as the legal procedures are devised so that minimum chances of miscarriage sneak in. She said it is being alleged that the Bhutto trial was not simply a matter of miscarriage of justice but a murder. After admission made by Justice (r) Nasim Hassan Shah, a member on the Bench, through media the question arises: What is the remedy for an execution that took place because of a court conviction and it was accepted by the judiciary itself realizing that such a conviction was indeed illegal? She asked what should be the sanctions against such members of the judiciary? Speaking about Mukhtaran Mais case, Asma said she endorsed statement of Aitzaz Ahsan who condemned the SC decision in this regard. She said that she was ready to sacrifice her life for Mai but who was responsible of keeping the accused in detention for years who proved innocent in Mais case?

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