ISLAMABAD- Expressing reservations over the mode of judges' appointment in lower judiciary, Pakistan Bar Council (PBC) has demanded that judges in lower courts should be inducted through Public Service Commission instead of the present system.
The PBC vice chairman said that empowering the chief justices of high courts to appoint judges in lower judiciary had created issue of nepotism therefore they wanted that the judges there be appointed through Public Service Commission.
"It's not good that a judge appoints a judge," Vice Chairman PBC Muhammad Ramzan Chaudhry said this while talking to the members of Press Association Supreme Court (PAS) at his office in the Supreme Court building here on Friday.
The PBC vice-chairman also expressed concern over the appointment of judges at higher judiciary through Judicial Commission of Pakistan. He said the single-member representation of the PBC in the judicial commission has no worth, adding that PBC member was intimated after the Judicial Commission headed by Chief Justice of Pakistan took decision for the appointment or extension of the judges for the superior judiciary.
He demanded amendments in the Rules of the Judicial Commission, adding that they have also informed to the parliamentary committee for the appointment of judges as well in this regard.
Ch Ramzan said majority of the judges are appointed from the chambers, while they wanted proper representation should be given to the Pakistan Bar Council. "We want the PBC should be intimated before initiating the name of any judge either for his appointment or extension in his service," he said.
He expressed dissatisfaction over the mechanism of National Judicial (Policy Making) Committee, saying the council has established Anti-Corruption Committees and Anti-Tout Committees across the country.
He said the respective committees would intimate to the Pakistan Bar Council if they found anyone involved in corruption at the lower judiciary and then strict action would be taken against that person.
When asked that the Judicial (Policy Making) Committee is already available for the purpose, he said that not a single case of corruption it has unveiled so far that's why they have established these committees.
The National Judicial (Policy Making) Committee, constituted under Ordinance (LXXI) of 2002 is comprised of the Chief Justice of Pakistan, as its, and the Chief Justice Federal Shariat Court and Chief Justices of all the four provincial High Courts are the members of the Committee.
The Committee's functions are; improving the capacity and performance of the administration of justice, setting performance standards for judicial officers and persons associated with performance of judicial and quasi judicial functions; improvement in the terms and conditions of service of judicial officers and court staff, to ensure skilled and efficient judiciary and the publication of the annual or periodic reports of the Supreme Court, Federal Shariat Court, High Courts and courts subordinate to High Courts and Administrative Courts and Tribunals.
Chaudhary Ramzan said the judges should not admonish the lawyers during their course of arguments and should show patience while hearing the arguments.
He said they have also decided to avoid unnecessary strikes by the legal fraternity, saying that lawyers would not be permitted to go on strike on small issues. He said that if any association wants to observe strike, it would have to inform the Pakistan Bar Council for final decision.