The Fate of Justice Mazhar
4th August 2021.
A report in ISLAMABAD announces Justice Mohammad Ali Mazhar has been appointed as the judge of the Supreme Court. The JCP approved the promotion of Justice Mazhar from being a junior SHC judge to the Supreme Court by a majority of five to four. Chief Justice of Pakistan CJP Gulzar Ahmed appreciated him as well.
Commission concluded that the judge even being junior gained prominent recognition hence was considered suitable as a nominee. On the other hand retired Justice Dost Mohammad Khan, a prior Supreme Court judge and contemporary member of the JCP condemned him based on the seniority principle. Justice Maqbool Baqar, another JCP member, called for a re-evaluation of Justice Mazhar’s proposal.
The maximum number of cases had been catered by Justice Aqeel Ahmed Abbasi in the Sindh High Court, followed by Justice Irfan Saadat Khan and the Chief Justice himself, Justice Baqar said. Justice Qazi Faez declared Justice Mazhar’s nominations as unjustified since he was fifth on the seniority list. Moreover, Justice Isa pointed out that the selected candidate has not given a phenomenal performance even in a single case. Justice Bandial said since a few justices are due retirement, the Supreme Court needs to hire more judges to fill in the vacancies.
He indicated that 6,000 tax cases were pending in the SHC in which stay orders, in contrast, to salvage surpassed half a year hence the high court’s chief justice had established an unusual division bench to advance these causes, but Justice Abbasi criticized the move and made hostile remarks in the court. Stressing upon the asset of tolerance, Justice Bandial said there was no complaint about Justice Mazhar’s temperament.
Law Minister Dr. Farogh Naseem said there were so many occurrences where junior judges from high courts were raised to the Supreme Court while their seniors were preeminent later. The law minister said even though the 19th Amendment visibly conditions that the most senior judge should develop the Chief Justice of Pakistan, the engraver of the Constitution did not instruct comparable necessities for further development of the Supreme Court from the high courts. He disparaged the indication of postulating motives for recommending a junior judge to the Supreme Court.
Attorney General Khalid Jawed Khan said the 2002 judgment had not consigned that seniority must be the solitary decisive aspect for promotion, concluding that the seniority-cum-fitness principle. Advocate Akhtar Hussain recommended that since there was an obstruction to the recommendation of Justice Mazhar, the substance be postponed for meanwhile.
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