News
Tuesday, July 13, 2010
Previous mechanism for judges’ appointment was bogus, SC told
* Procedure for appointment of senior judges should be similar to CSS exam
* Abolishment of intra-party polls undemocraticISLAMABAD: A senior lawyer informed the Supreme Court on Monday that the mechanism for appointment of judges prior to the setting up of the judicial commission under the 18th Amendment was “bogus”.
Abdullah Khan Dogar, who represents the Lawyers Front, said the previous system was based on individual likes and dislikes and had made the people lose confidence in the system.
He told a 17-member larger bench headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry that the mechanism for induction of judges should be based upon proper written and oral examinations.
Dogar said the procedure should have similarity to the CSS examination conducted by the Federal Public Service Commission.
“A person who aspires for the office of a judge and is not an acceptable candidate, is a hollow argument, because he claims a different form of right,” he added.
He said the appointment procedure should be properly initiated with advertisements and every eligible person should be given the right to apply.
Citing the 1997 SCMR judgement by the apex court, he said it was the right of every citizen to compete and participate for a vacant post.
Every lawyer qualified and willing to become a judge should be given a chance, he added. He referred to the 15-member United Kingdom Judicial Appointment Commission, saying appointments made to the judiciary in the UK were done after giving opportunity to everyone.
Citing his personal experience, the senior lawyer said people were of the opinion that it was difficult to become a civil judge, but easier to be inducted as a judge in high courts, as it did not involve any examination process.
Proceeding further, he said people who never appeared before the country’s courts had become judges, “because they continuously appeared before those who were the appointing authorities”.
About his other contention regarding Article 17 (iv) relating to intra-party elections, he said the conduction of elections within political parties was a democratic process and its omission was anti-democratic.
Dogar said the Political Parties Act 1962 had a provision that made it mandatory for holding of periodical elections within the party. app
Courtesy www.dailytimes.com.pk