LAHORE: Renowned jurist AK Dogar advocate has moved a constitutional petition in the Supreme Court's Lahore Registry challenging the Judicial Commission of Pakistan Rules 2010.
The petitioner contended that the rules violated the policy of merit, by providing for "arbitrary nominations" by the chief justice to posts of judges of the high court, federal high court and Supreme Court.
The petitioner contended that Rule 3, which allows for "nominations" by the chief justice from amongst lawyers for the appointment a judge of a high court violated articles 2-A, 4, 18, and 25 of the constitution.
Rule 3 says, "For each anticipated or actual vacancy of a judge in the Supreme court or the chief justice of Federal Shariat Court or the Chief justice of High court, the chief justice of Pakistan shall initiate nominations in the commission for appointment against each vacancy".
Dogar submitted that owing to the faulty method of nominations by the chief justice thousands of hard working intelligent lawyers of strong moral fiber never got a chance to serve the judiciary and only close friends or associates of the judges are appointed. Rule 5(4) which says the proceedings of the Judicial Commission shall be in camera in violation of Article 19-A and principle of transparency laid down in the constitution of Pakistan.
The petitioner prayed to the court that Rule 3 about nominations, Rule 5(4) about in camera commission proceedings, and Rule 8 on chairman's exclusive powers to amend rules may be declared violative of constitution of Pakistan.