PHC CJ expresses reservations on appointment of judges in SC

ISLAMABAD: The Chief Justice of Peshawar High Court has expressed reservations on the appointment of judges in the Supreme Court.

Chief Justice of Peshawar High Court Mohammad Ibrahim Khan in his letter to Chief Justice Qazi Faiz Isa, said that four seats of judges were vacant in the Supreme Court but of four judges only one judge was appointed.

The PHC CJ said, “I am happy about the appointment of Justice Naeem Akhtar from Balochistan.”

He further said that “But I am raising the matter with a sad heart why I was not appointed to the Supreme Court as I am second in seniority to the Chief Justice of the High Courts.

He said, “It is regrettable that there are vacancies and non-appointment despite qualifications.”

The PHC CJ expressed observations regarding discrimination and favoritism in the appointment of judges to the Supreme Court of Pakistan.

Justice Khan pointed out that despite four vacancies in the top court, Justice Naeem Akhtar Afghan was appointed as an SC judge while his own candidacy was overlooked.

He expressed disappointment that, despite his seniority, availability, and eligibility, his name was not considered for a position at the Supreme Court.

Furthermore, he raised concerns about the appointment of a judge solely from Balochistan, the same province as CJP Qazi Faez Isa, while his own candidacy was disregarded. Justice Khan emphasized that as the second most senior chief justice among all high courts, he expected to be included in the list for elevation to the Supreme Court.

In his letter, Mohammad Ibrahim Khan stated that as a member of the Judicial Commission and the Supreme Judicial Commission, he anticipated inclusion in the list for elevation to the Supreme Court.

He indicated willingness to accept the decision if he was found unfit for the Supreme Court vacancy, yet he expressed belief that given the substantial backlog of cases, the CJP might feel compelled to expeditiously fill the vacancies.

Justice Mohammad Ibrahim Khan suggested that his lack of personal connections may have played a role in his exclusion from consideration for the Supreme Court position, leaving him unable to comprehend the rationale behind the decision.

Nevertheless, the PHC chief justice clarified that he was not contesting the decision regarding the judges’ appointments but rather seeking clarification and assurance that principles of merit, fairness, and equality of opportunity were being upheld.