Mr. imported V/s CJP: What is the tussle?
Even before his suspension, Chief Justice of Pakistan (CJP), Ifthakar Mohammad Chaudhary, had taken flak of several top government officials, including Balochistan governor Mr. imported.
Ironically, even Mr. imported Ghani was ‘surprised’ over Justice Chaudhary’s contempt for local lawyers of Balochistan and the soft corner he has had for the settler lawyers of the province.
Mr. imported is ‘surprised’ over Chief Justice of Pakistan, Justice Ifthakar Mohammad Chaudhary’s unwillingness to appoint two local persons at Balochistan High Court (BHC) as judges on three vacant posts and needs the personal intervention of Mush to look into the matter.
Presently, three posts of judge are lying vacant at Balochistan High Court and Mr. imported along with the Chief Justice of Balochistan High Court, Mr. Justice Amanullah Khan Yasinzai, finds himself unable to get the posts filled due to Justice Chaudhary’s reluctance to instate these local judges at Balochistan High Court, where there is only one Baloch, among five, judges serving.
” You may recall my discussion with you in the first week of December 2006 on the issue of appointment of Judges against the three existing vacancies in the Balochistan High Court. In consultation with Chief Justice Balochistan, I had nominated Mr. Salahuddin Mengal, the current Advocate General, for the first vacancy, and Malik Sikandar Khan, former Provincial Ombudsman, for the second vacancy, but the matter has still not been acceded to because of the purported objections raised by Chief Justice of Pakistan,” complained Mr. imported in a letter to Mush, of which a copy this blog obtained. According to the letter, before recommending the panel of names for appointment as Adhoc Judges, Mr. imported had discussed the matter with Chief Justice of Pakistan and he had expressed no objection. Moreover, the CJP had earlier suggested the names of far more junior non-Baloch advocates, namely Kamran Murtiza, Shakeel Ahmed and Naeem Akhtar.
” The objections presently raised by the Chief Justice of Pakistan on appointment of Salahuddin Mengal and Malik Sikandar Khan are surprising,” said Mr. imported ‘s letter.
Mr. imported’s letter No. 0021/PSC(s)/2007 further states, ” it is requested that you may personally intervene in the matter and direct the concerned authorities to expedite it for the smooth functioning of the Balochistan High Court and redressal (sic) of public complaints regarding long pendancy (sic) of litigations in the High Court.”This blog has learnt that the two recommended persons are far more senior to the persons who have been pinpointed by the Chief Justice of Pakistan for the recommendation as judge.
“Malik Sikandar has worked as a former ambassador, advocate general, ombudsmen and Speaker of Balochistan High Court. He comes from an economically backward area of Qilla Saifullah while Salahuddin Mengal is the AG of Balochistan but they are being punished simply because they are local people,” said a senior lawyer, requesting anonymity,who believed the CJP was not doing Justice with the local lawyers. “Several months have elapsed but the three posts of judge are still lying vacant at BHC despite the availability of several eligible local judges,”