Humayun Khan
PESHAWAR: The divisional bench of Peshawar High Court comprising of Justice Lal Jan Khattak and Justice Kamran Hayat redirected Federal Government to submit record in case regarding dropping of names of three Session Judges evaluated as judges of PHC by Judicial Commission of Pakistan, on Thursday.
Session Judges Fazal Subhan, Shahid Khan and Dr. Khursheed Iqbal serving as District and Session Judges in different district of Khyber Pakhtunkhwa had filed separate writ petitions before PHC.
During hearing counsels for petitioner Abdul Latif Afridi, Barrister Mudassir Emir Barrister Yasin Raza and Dr. Adnan Advocates appeared argued that Judicial Commission of Pakistan has recommended six additional judges for PHC including the petitioner.
The counsel argued that parliamentary committee has returned the petitioners for reconsideration to Judicial Commission of Pakistan which is unconstitutional and unlawful.
The counsel argued that the Constitution has clearly defined the role of parliamentary committee because the committee cannot return the recommendation but it must forward Judicial Commission of Pakistan recommendation to competent authority.
The counsels informed that the petitioners are eligible to appoint as judges at High Court while on seniority the session judges are qualified to be appointed at PHC as honorable judges.
The divisional bench has directed parliamentary committee to produce record before PHC and adjourned further hearing till 1st March.
