Ex­am­i­na­tion to con­firm judges of lower ju­di­ciary chal­lenged

IHC al­lows IBA to be­come party in civil judges’ pe­ti­tion

Pakistan Observer - - TWIN CITIES -

ZUBAIR QURESHI IS­LAM­ABAD—Jus­tice Noorul Haq N. Qureshi of Is­lam­abad High Court (IHC) al­lowed the Is­lam­abad Bar As­so­ci­a­tion (IBA) to be­come a party in a case in which 18 civil judges of the district ju­di­ciary have chal­lenged the manda­tory ex­am­i­na­tion for con­fir­ma­tion of their ser­vices af­ter they failed to clear the first ses­sion of the exam. The Is­lam­abad High Court (IHC) granted the civil judges stay in De­cem­ber last year and as a re­sult the ex­am­i­na­tion was post­poned for an in­def­i­nite pe­riod.

The sched­ule for the de­part­men­tal ex­am­i­na­tion for con­fir­ma­tion was is­sued on June 23, 2015. Ac­cord­ing to the sched­ule, the first de­part­men­tal ex­ams were to be con­ducted in Au­gust 2015, De­cem­ber 2015, March 2016 and July 2016. Some 18 judges chal­lenged manda­tory ex­am­i­na­tion for their con­fir­ma­tion. Th­ese civil judges were in­ducted in the Is­lam­abad ju­di­ciary in 2012. Af­ter their pro­ba­tion­ary pe­riod ex­pired in Septem­ber 2014, the IHC ad­min­is­tra­tion ex­tended it for another two years which is go­ing to ex­pire in Septem­ber 2016.

The civil judges who chal­lenged the de­part­men­tal ex­am­i­na­tion before their con­fir­ma­tion in­clude Mu­jahid Rahim, Mube­shar Has­san, Omer Shab­bir, Shahzad Khan, Mo­ham­mad Shoaib Akhtar, Raf­fat Mah­mood Khan, Shaukat Rehman Khan, Shoaib Bi­lal, Shaista Khan Kundi, Malak Aman, Mo­ham­mad Naveed Khan, Mo­ham­mad Azhar Nadeem, Ayesha Shab­bir, Um­breen Iqbal, Saqib Jawwad and Raja Fur­rakh Ali Khan.

The judges were re­quired to ap­pear in the pa­pers of crim­i­nal law, civil law, rev­enue law, ac­counts and Sharia law. They filed iden­ti­cal pe­ti­tions in the high court where they were granted in­terim re­lief as the court sus­pended the ex­am­i­na­tion sched­ule af­ter pre­lim­i­nary hear­ing.

As a re­sult IHC ad­min­is­tra­tion could not con­duct the ex­am­i­na­tion for the con­fir­ma­tion of the civil judges as per sched­ule is­sued with the ap­proval of the IHC chief jus­tice. It was in March this year when IBA de­cided to be­come party in the mat­ter. IBA through Ad­vo­cate Wa­jid Mughal had filed an ap­pli­ca­tion with IHC to be­come a party in the pe­ti­tions filed by the civil judges. The bar as­so­ci­a­tion is of the view that the civil judges who could not qual­ify de­part­men­tal ex­am­i­na­tion be re­moved and the va­cant po­si­tion be filled on merit.

Ear­lier, the civil judges had filed a rep­re­sen­ta­tion before the IHC ad­min­is­tra­tion but Jus­tice Shaukat Aziz Sid­diqui had re­jected their re­quest to forgo the ex­am­i­na­tion in Septem­ber 2015.

The civil judges in their pe­ti­tion filed with Jus­tice Qureshi have pleaded that the IHC ad­min­is­tra­tion should con­duct the four ses­sions of the ex­am­i­na­tion in two years in­stead of 10 months. The pe­ti­tion fur­ther said the civil judges were in­ducted in Septem­ber 2012 whereas the de­part­men­tal ex­am­i­na­tion rules were in­tro­duced in May 2015 which could not be ap­plied to the pe­ti­tion­ers ret­ro­spec­tively.

Faith­ful of­fer­ing Ja­matul Wida pray­ers at Faisal Masjid.—APP

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