Supreme Court of Pakistan to ponder on the appointment of judges
Thursday, October 20th, 2011 1:21:13 by Rabiya MaqboolSupreme Court of Pakistan to ponder on the appointment of judges
The Supreme Court of Pakistan has recently accepted a petition which was filed against the appointment of retired judges for the positions of chief judge or judge. These appointments were made for the Supreme Appellate Court of Gilgit Baltistan.
The petition was file by the prominent Advocate Muhammad Ikram Chaudhry who is representing the case of Dr. Ghulam Abbas, the chairman of Gilgit Baltistan National Movement. Not only that, Dr. Abbas is also a well known social activist and holds the honour of receiving both the Jinnah Award and Quaid-i-Azam Award.
The judges that have been appointed to the designations are more than 70 years of age. There is an added objection that can be made against these appointments as some of the recently hired judges were sworn in on the 3rd November in the year 2007. The oath had been taken under the Proclamation of Emergency Order. The PCO now has no constitutional value as it has been declared as unconstitutional by the apex court.
The petitioner expressed himself in the following words: “They are appointed on contract as per the 2009 order which militates against Articles 175 and 203 of the Constitution and even is in conflict with the chief court/high court position under the law.”
Dr. Abbas has made the Supreme Court to disregard the appointments of the judges and to make amendments to laws so that the chief judges and judges of the Supreme Appellate Court of Gilgit Baltistan only serve up to 65 years of age and not after that.
Dr. Abbas has made other requests to the bench of the Supreme Court that include an amendment to be made to the Empowerment and Self-Governance Order. In his words: “This will help ensure independence of the judiciary and fundamental rights in Gilgit Baltistan.”
What will be made of the petition that has been filed by Dr. Abbas remains to be seen but it is hoped that the bench will reach a fair decision.
The petition has gone to the Supreme Court bench that is comprised of Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez
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