KARACHI – The Human Rights Commission for South Asia (HRCSA) on Wednesday moved a constitutional petition in the Sindh High Court (SHC) challenging the current format regarding appointment of judges to the upper courts.
HRCSA representative Syed Iqbal Kazmi pleaded the court to term the process of judges’ appointment in violation of the constitution, submitting that Article 175(A), included through the 18th Amendment Act 2010 in the constitution, clashes with Article 175(3) over appointment of judges.
The petitioner submitted that according to Article 175(A), representatives of the government, the federal law minister and the attorney general, have become members of the Judicial Commission of Pakistan, which violates Article 175(3).
He stated that the judiciary is a separate institution and the representatives of other institutions should not interfere in important matters. The plaintiff also submitted that a full bench should be constituted to hear the petition and reach a conclusion and resolve the disputes in the constitution. He added that all institutions are bound to function under the constitution and no one is above it. The applicant stated that according to the constitution, no new article could be included that clashes with another article and if there is a need to promulgate a new clause, which clashes with another, the disputed clause must be amended through legislation.
