Supreme Court (SC) has maintained judges in the subordinate courts be appointed through the respective high court.
A 3-member bench of SC led by the Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry took up the appeal plea for hearing which had been filed against a verdict of Balochistan High Court (BHC) in connection with appointment of judges in the subordinate courts.
Aslam Chishti , counsel for the applicants including 6 adhoc judges of subordinate courts prayed the SC the services of these judges be regularized.
The SC while dismissing this appeal plea against the appointment of such judges through high court upheld the decision of BHC.
The CJP remarked the appointment of judges by the executive in the subordinate courts was against the independence of judiciary as was enshrined in the constitution. No such law existed under which these judges could be declared regular, he further remarked.
Granting the powers to the executive in respect of appointment of judges had affected the independence of judiciary, he observed. “We talk of the independence of the judiciary and we have to protect independence of judiciary and the system”, he further observed.
Justice Khalil ur Rehman remarked if government had good working relationship with the chief justice then the powers to appoint the judges are transferred to high court and if the relations are not good then the government uses these powers on its own.
The third member of the bench, justice Ghulam Rabbani remarked “constitution is mother of the law and no law can be enacted against the spirit of constitution”.