ISLAMABAD: The Supreme Court (SC) on Monday said the “constitution never suggested any discrimination” between an additional judge and a permanent judge, and adjourned the hearing of the Lahore High Court (LHC) judges’ seniority case for today (Tuesday).
During the hearing of the case a five-member larger bench of the Supreme Court headed by Chief Justice of Pakistan (CJP) Justice Tassaduq Hussain Gillani remarked that there is no such precedence that a “permanent judge would be a judge”. The court said if the petitioner’s lawyer has any convention that would prove the phenomenon then he should present it. Justice Asif Saeed Khoosa said an additional judge is appointed by the “presidential notification” as a permanent judge is appointed through “constitutional provisions”.
Attorney General of Pakistan (AGP) Sulman Butt submitted in the apex court that an additional judge is appointed by the president, but he has no authority to terminate a judge. He further said the only way to terminate a judge is through Article 209 of the constitution.
The lawyer for petitioner Aslam Awan, Advocate Zaka-u-Rehman, while completing his arguments, pleaded the court that the “seniority should be considered” of an additional judge when he is instated as “permanent”.
After hearing the petitioner lawyer the apex court adjourned the case for today and directed the AGP to continue his arguments. Earlier, the SC sought federal government’s stance on the issue of seniority of LHC judges and issued notice to the AGP to assist the court in this case.
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