Appointments in superior judiciary: Central Bar chief calls for merit

By Tariq Naqash

MUZAFFARABAD, June 15: A top office bearer of a lawyers’ body on Tuesday warned against a strong agitation if the appointment of judges in the superior judiciary of Azad Jammu and Kashmir was not made on merit.

Central Bar Association Muzaffarabad president Syed Shahid Bahar pointed out that under the AJK’s interim Constitution Act 1974, the supreme and high courts of AJK were incomplete and inordinate delay and backdoor manoeuvring regarding the appointment of permanent judges in them was creating doubts among the civil society, particularly the legal fraternity.

However, he said, legal fraternity was keeping a watchful eye and would thwart any unconstitutional move with full force.

“We will leave no stone unturned to ensure supremacy of law and constitution,” he said.

Mr Bahar maintained that the constitution empowered the chief justice(s) to send a panel of would-be-judges to the chairman AJK Council and lawyers would strongly resist any panel sent or imposed by any other authority, including the “hidden forces,” on the basis of personal likes or dislikes and contravention of merit.

The basic principle of justice, he said, was that it should not only be done but should manifestly and undoubtedly be seen to be done and under the very principle, justice should be seen to be done in the appointment of judges in AJK.

Professional capacity, personal conduct, courage and impartiality should be the hallmark of criterion for appointment of judges and not the cast or creed or area, he added.

Mr Bahar regretted that previously people who did not even possess a license to practice law in the superior courts and did not know even the ABC of constitution were appointed as judges in AJK and added that such “wrongs of the past” should not be repeated

In a reference to reports that a lawyer who had never practiced law in AJK was being appointed as a High Court judge in AJK, he made it clear that AJK’s legal fraternity would not accept appointment of member of any of the bars in Pakistan.

Claiming that the legal fraternity was smelling a rat, he warned that any imprudent move with regard to appointment of judges would leave no option with the lawyers but to launch an agitation from Kel (Neelum valley) to Bhimber in collaboration with other sections of civil society.

In the second phase, a long march could also be staged on the Constitution Avenue in Islamabad, he added.

However, he expressed the hope that such a situation will never arise and the powers that be would realise the ground realities and ensure appointment of judges on merit.

Mr Bahar also called upon the AJK political parties to adopt a unanimous stand with regard to much needed review and amendments in the interim constitution.

Ends