PESHAWAR: Chief Justice Mohammad Ibrahim Khan of the Peshawar High Court (PHC) has voiced concerns regarding the judges from Khyber Pakhtunkhwa who are not being given consideration for promotion to the Supreme Court.
Justice Khan has written to Chief Justice of Pakistan Qazi Faez Isa, a PHC official informed on Wednesday.
“I am writing to your Lordship with a heavy heart and a sense of disillusionment in relation to prima facie arbitrariness, discrimination, and favoritism in the appointment of judges in the Supreme Court of Pakistan,” writes Justice Khan, who will retire on April 14. The letter is four pages long.
The letter reads, “My brother, Honourable Judge Justice Naeem Akhtar Afghan of the Balochistan High Court, the then Chief Justice Balochistan High Court, was appointed to fill one of the four vacancies in the Supreme Court.”
“I was deeply disappointed to discover that, despite there being four openings on the Supreme Court, just one judge—and that too from your own province—had been selected. He goes on, “I am truly glad for my brother, Mr. Justice Naeem Akhtar Afghan, but why was my candidacy overlooked despite my seniority, qualifications, and the availability of Supreme Court vacancies?
“Among all the Chief Justices of Pakistan’s High Courts, I hold the position of second-most senior Chief Justice. In addition, I am a member of the Pakistani Supreme Judicial Council and the Judicial Commission of Pakistan (JCP). He said, “I had a reasonable expectation that my candidature would be at least considered for consideration to be appointed as a judge of the Supreme Court of Pakistan.” He went on to say that he would have gladly accepted the JCP’s decision if he hadn’t been found qualified to be appointed as a judge of the highest court following due process.
“The taxpayers who pay our salaries expect that vacancies are filled immediately so that the court may operate at full strength and dispense justice,” says Justice Ibrahim Khan. It is necessary to act with diligence.
I’m confused by this decision to have a lone appointment and am looking for real explanations. I’ve been considering reasons why the positions might not be filled, but I couldn’t think of any sound or convincing ones.
According to Justice Khan, he has been dutifully serving for the past 31 years and has been distinguished by his unwavering commitment, dedication, and various achievements that, in his view, have upheld the highest standards of the legal system in addition to benefiting the community.
He insisted, “I have worked to uphold the values of honesty, objectivity, and a strong dedication to justice throughout my service, values I felt would inevitably pave the path for recognition and professional progress based on merit.
“I understand that choices about who will be appointed to the higher courts are intricate and nuanced, with factors that aren’t necessarily clear to everyone. However, he asked, “I take the honor to question as to what prompted the solitary elevation of my brother Justice Naeem Akhtar Afghan when three vacancies were and are still vacant whereas none other was considered, in the spirit of transparency, the norms of fairness, and the continued trust in our judicial system.”
“It is also astounding that, when comparing the two provinces on any kind of analogy, there should ideally be one more vacancy for the province of Khyber Pakhtunkhwa. At the moment, there are three honorable judges on the Supreme Court of Pakistan from Balochistan, whereas there are only two honorable judges from Khyber Pakhtunkhwa.”
Copies of the letter were also forwarded by Justice Ibrahim Khan to the Supreme Court’s four senior judges.
