Justice Athar Minallah's dissenting note in important decision regarding "appointment of judges"
Justice Athar Minallah's dissenting note in important decision regarding "appointment of judges"
Category
🗞
NewsTranscript
00:00 Supreme Court Justice Atar Minerla's dissenting note has been revealed.
00:05 It cannot be promoted based on seniority alone.
00:08 Merit and eligibility are fundamental elements in the appointment of judges.
00:11 The Supreme Court has issued the most important decision regarding the appointment of judges.
00:15 This decision has been approved by the Parliamentary Committee by chance.
00:18 It is seen to be the exact opposite of the amendment.
00:21 Three weeks ago, the Judges' Committee approved the amendment by chance.
00:28 According to Justice Atar Minerla, the appointment of judges will be based on seniority.
00:33 The appointment of judges will be based on the date of the appointment of judges in the High Court.
00:37 If the judges are appointed on the same day, the decision will be based on their age.
00:42 In the High Court, the age of the judges' retirement is increased from 62 to 65.
00:46 The appointment of ad-hoc judges in the Supreme Court will be based on the approval of the Parliamentary Committee.
00:50 However, according to the Supreme Court, the Judicial Commission's recommendations cannot be reviewed by the Parliamentary Committee.
00:56 The Parliamentary Committee's recommendations are different from the Judicial Commission's recommendations.
01:01 In the case of the appointment of additional judges in the Peshawar High Court,
01:05 Justice Atar Minerla has issued a controversial note.
01:09 The Supreme Court has written in this decision that the freedom of the judiciary is based on the constitution.
01:15 It is of fundamental importance.
01:17 The powers of the three branches of the constitution are clear.
01:21 According to the decision, the principle of seniority is an important part of the civil service and is a fundamental part of the promotion committee.
01:27 No one can be promoted just on the basis of seniority.
01:30 For the promotion and promotion of seniority, merit and dignity are fundamental parts.
01:36 Justice Atar Minerla has further stated in his dissenting note that
01:41 the review of seniority is taken only when all expectations on merit and dignity are met.
01:46 Only then, the capable and eligible person gets the opportunity to move forward.
01:52 According to the decision, all branches of the Judicial Commission are of equal importance.
01:59 The branches of the Parliamentary Committee are different from the Judicial Commission's members.
02:03 According to the Supreme Court, the Judicial Commission's work is to assess the ability and capability of the famous judges.
02:09 The Parliamentary Committee and the Judicial Commission can only work within their limits.
02:14 The Supreme Court has further stated that the decision of the Parliamentary Committee cannot be based on assumptions and arbitrary observations.
02:22 However, the Parliamentary Committee can refuse the names of the judges.
02:26 It cannot send the commission back.
02:28 According to the decision, the courts should respect the past decisions.
02:32 In the previous government, the former Minister of Justice Nazir Tarrar had cursed him that
02:37 the junior judges were behind the isolation of General Bajwa.
02:40 At that time, General Bajwa had given a guarantee that the situation should be resolved to reduce the tension.
02:44 I was against it and I resisted.
02:46 But my leadership, that is, the leadership of Muslim League Noon, had ordered me to vote for Chief Justice Umar Atta Bandyal's Mujawaza.
02:53 I also gave a statement in favour of the two junior judges.
02:58 I voted because the military leadership had told the government to accept the name of the Chief Justice.
03:03 The answer to what was discussed between the government and the military leadership can be given by the leadership.
03:09 This was the position of the former Minister of Justice Nazir Tarrar.
03:13 He said that I was not a part of this conversation.
03:15 The Judicial Commission, which was established for the resolution of the judges,
03:18 was instructed to review the recommendations according to the seniority principle.
03:22 The Peshawar High Court had declared the recommendation of the Parliamentary Committee as separate.
03:26 The Supreme Court has ruled it.
03:28 On 8th May, the case of not appointing additional judges in the Supreme Court,
03:32 the lawyer for the case, Hamid Khan, said that the Judicial Commission had instructed the Peshawar High Court to appoint additional judges.
03:41 But the Parliamentary Committee has rejected the report of the Intelligence Agencies.
03:46 According to the Intelligence Report, the case of Tarek Afridi is not good.
03:50 During the hearing, Justice Atar Minalla had given remarks on this.
03:54 How can the Intelligence Agencies control the appointment of judges?
03:58 The Parliamentary Committee decided in light of the Intelligence Report instead of the Peshawar Agencies.
04:04 This action will affect the freedom of the court.
04:07 This most important dissenting note of the Supreme Court is of extraordinary importance
04:14 because many requests regarding the appointment of judges are still in the Supreme Court.
04:19 In the past, many important decisions have been made in the presence of junior judges
04:23 in the Justice Umarata Bandyal's practice and procedure bill and NAB Tarameen.