Ramday, Jafferi’s reappointment is unconstitutional: PBC


ISLAMABAD – In a unanimous resolution on Thursday, the executive committee of the Pakistan Bar Council (PBC) held the move of considering reappointment of Justice Khalilur Rehman Ramday, who retired on February 17 and Justice Rahmat Hussain Jafferi, who retired a few months ago, in violation of Article 182 of the constitution as amended under the 19th Amendment.
The meeting, chaired by executive committee Chairman Asrarul Haq Mian and co-chaired by Abdul Lateef Afridi, the PBC vice chairman, was attended by members including Syed Qalb-e-Hassan, Muhammad Ahsan Bhoon, Muhammad Ramzan Chaudhry, Salahuddin Panhwar, Mian Abbas Ahmad, Akhtar Hussain and Muhammad Yaseen Azad.
The meeting took serious notice of the resolution passed by the full court of the SC for re-induction of Justice Khalilur Rehman Ramday as ad-hoc judge of the SC whose tenure expired on February 17 and Justice (r) Rahmat Hussain Jafferi as ad-hoc judge for a period of two years.
“The PBC executive committee and the legal community in general is always appreciative of the principles laid down in Al-Jehad Trust case with respect to the independence of judiciary and against the ad-hocism, thus the resolution passed by the full court is also against the spirit of the Al Jehad case verdict and further the ad-hoc appointments in such a manner also militates the independence of the judiciary and violates even July 31, 2009 verdict declaring the November 3, 2007 emergency unconstitutional,” the PBC resolution said.
The meeting reiterated an earlier resolution passed in its 190th meeting wherein it was resolved that ad-hocism in the judiciary would be eliminated in all circumstances. Disapproving the resolution of the full court, the meeting reminded the representative of the PBC in the Judicial Commission and the attorney general for Pakistan and the law minister, who also by and large represents the legal community, to stand by the views expressed and the stand taken by the PBC with respect to ad hocism.
Taking notice of an order passed by dysfunctional judge of the Peshawar High Court, Justice Jahanzeb Rahim issuing contempt notices to the Supreme Court judges and also requesting the president to file references against the chief justice and Justice Mian Shakirullah Jan, the executive committee said such orders were highly condemnable and seemed to disrupt the whole system.
The meeting also expressed concern over the order passed by the SC suspending the decision of the parliamentary committee with respect to non-confirmation of four judges of the Lahore High Court and extension of the period of additional judges in various high courts, and requested the PBC chairman to call an emergent meeting of the council on February 23 to dilate upon all these matters which are concerning not only the legal profession, judiciary and also the public at large.
The copy of the resolution was forwarded to all the members of the Judicial Commission, the parliamentary committee, presidents of all bar associations throughout the country for information.