Justice Qazi Faez Isa, senior judge of the Supreme Court of Pakistan, wrote a letter to the Judicial Commission on April 29 to suggest the names of Justice Ahmed Ali Shiekh and Justice Musarrat Hilali for their appointment as judges of the apex court.
In a letter written to the Judicial Commission, Justice Qazi Faez Isa said the people of Sindh were dismayed when their Chief Justice was not appointed to the Supreme Court, and the people of Khyber Pakhtunkhwa remain concerned that there is only one judge from their province in the Supreme Court.
He stated that the Constitution gives a message of equality; therefore, equality should be ensured in letter and spirit.
There continue to exist two vacancies in the Supreme Court since July 13 and August 13, 2022, when Justice Mazhar Alam Khan Miankhel and Justice Sajjad Ali Shah retired, that is, for a combined period of about nineteen months, the letter read.
Article 176 of the Constitution of the Islamic Republic of Pakistan ('the Constitution') defines the 'constitution of the Supreme Court to be 'the Chief Justice of Pakistan and so many other judges as may be determined by an Act of Parliament'. Section 2 of the Supreme Court (Number of Judges) Act, 1997, stipulates that the number of other judges 'shall be sixteen'. If the Supreme Court is kept below its sanctioned strength indefinitely, and for no good reason, it, in my opinion, does not conform with the Constitution and the law, it stated.
The letter stated that presently there are about 53,000 cases pending in the Supreme Court; less than nine years ago, there were about half this number. The interest of the people has been undermined because the Supreme Court may reach the point when it is no longer able to attend to the amassed cases.
"I have been requesting that judges be appointed when vacancies occur. In a little over a month, the Supreme Court will be on summer vacation. These vacancies should be filled before the vacations to ensure the participation of all members in the proposed meeting of the Judicial Commission," Justice Isa stated.
"Cognizant of my constitutional duty, I would like to propose for your kind consideration to appoint Justice Ahmed Ali M. Shaikh and Justice Musarrat Hilali as Judges of the Supreme Court. Justice Shaikh is the Chief Justice of the Sindh High Court, and Justice Musarrat Hilali was unanimously approved by the Judicial Commission to be appointed as Chief Justice of the Peshawar High Court. The people of Sindh were dismayed when their Chief Justice was not appointed to the Supreme Court, and the people of Khyber Pakhtunkhwa remain concerned that there is only one judge from their province in the Supreme Court. The Constitution mandates equality of citizens and forbids discrimination on the basis of sex, and it also stipulates that there should be no discrimination on the ground of race, residence, or place of birth," the letter read.
In a letter written to the Judicial Commission, Justice Qazi Faez Isa said the people of Sindh were dismayed when their Chief Justice was not appointed to the Supreme Court, and the people of Khyber Pakhtunkhwa remain concerned that there is only one judge from their province in the Supreme Court.
He stated that the Constitution gives a message of equality; therefore, equality should be ensured in letter and spirit.
There continue to exist two vacancies in the Supreme Court since July 13 and August 13, 2022, when Justice Mazhar Alam Khan Miankhel and Justice Sajjad Ali Shah retired, that is, for a combined period of about nineteen months, the letter read.
Article 176 of the Constitution of the Islamic Republic of Pakistan ('the Constitution') defines the 'constitution of the Supreme Court to be 'the Chief Justice of Pakistan and so many other judges as may be determined by an Act of Parliament'. Section 2 of the Supreme Court (Number of Judges) Act, 1997, stipulates that the number of other judges 'shall be sixteen'. If the Supreme Court is kept below its sanctioned strength indefinitely, and for no good reason, it, in my opinion, does not conform with the Constitution and the law, it stated.
The letter stated that presently there are about 53,000 cases pending in the Supreme Court; less than nine years ago, there were about half this number. The interest of the people has been undermined because the Supreme Court may reach the point when it is no longer able to attend to the amassed cases.
"I have been requesting that judges be appointed when vacancies occur. In a little over a month, the Supreme Court will be on summer vacation. These vacancies should be filled before the vacations to ensure the participation of all members in the proposed meeting of the Judicial Commission," Justice Isa stated.
"Cognizant of my constitutional duty, I would like to propose for your kind consideration to appoint Justice Ahmed Ali M. Shaikh and Justice Musarrat Hilali as Judges of the Supreme Court. Justice Shaikh is the Chief Justice of the Sindh High Court, and Justice Musarrat Hilali was unanimously approved by the Judicial Commission to be appointed as Chief Justice of the Peshawar High Court. The people of Sindh were dismayed when their Chief Justice was not appointed to the Supreme Court, and the people of Khyber Pakhtunkhwa remain concerned that there is only one judge from their province in the Supreme Court. The Constitution mandates equality of citizens and forbids discrimination on the basis of sex, and it also stipulates that there should be no discrimination on the ground of race, residence, or place of birth," the letter read.