Achi news desk-
Peshawar (Web Desk) Peshawar High Court Chief Justice Muhammad Ibrahim Khan in a letter written to the Chief Justice of Pakistan Justice Qazi Faiz Isa has expressed concern about not considering the promotion of judges from the province of Khyber Pakhtunkhwa to the Supreme Court. you in good health and high spirits. I am writing to your Lordship with a heavy heart and a sense of disappointment regarding the prima facie arbitrariness, discrimination and bias in the appointment of judges to the Supreme Court of Pakistan. “I bring this matter to your attention with great respect for your honorable position and the principles of justice and merit,” Justice Ibrahim wrote.
He said that there were four vacancies in the Supreme Court but only one vacancy was filled by appointing his brother Balochistan High Court Judge Justice Naeem Akhtar Afghan as the then Chief Justice of Balochistan High Court.
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“When I found out that only one judge was appointed in the Supreme Court and that too from your own state, despite the fact that there were four vacancies,” he said. I am very happy for my brother Justice Naeem Akhtar Afghan but why my candidature was not considered despite my status, qualification and availability of vacancies in the Supreme Court.
Justice Ibrahim said that he is the second highest Chief Justice among the Chief Justices of all the High Courts of Pakistan. I am also a member of the Judicial Commission of Pakistan (JCP) and the Supreme Judicial Council of Pakistan. I had a legitimate expectation that my candidature would at least be shortlisted for consideration for appointment as a Judge of the Supreme Court of Pakistan. He said that if the Judicial Commission of Pakistan had not found me fit to be appointed as a judge of the Supreme Court after due process, I would have gladly accepted the decision of the JCP. or even forced to fill vacancies immediately, especially among countrymen who feel they are being deprived of speedy justice.
“Taxpayers, who pay for our salaries, expect vacancies to be filled quickly so that the court can operate to the best of its ability and ensure justice,” he said. Hard work is mandatory. This decision so far has only confused me and looking for real answers. I have been thinking of possible reasons for not filling the vacancies but no logical and motivating reason can come to mind.
Justice Ibrahim said he has served faithfully for 31 years, characterized by perseverance, dedication and countless services that not only benefit the community but also uphold the highest standards of the judiciary.
He said that throughout my service I have tried to inculcate the qualities of integrity, impartiality and a strong commitment to justice, which I believe will pave the way for merit-based recognition and career advancement. I have been judging high profile cases amidst an exceptional situation of law and order and political chaos in my homeland where my commitment to uphold the rule of law and the supremacy of the Constitution has been unwavering and unwavering.
“My dedication to serving the people and removing injustice is a source of personal pride and a testament to my commitment to the values we hold dear in our profession,” he said. Likewise, it is a difference that I have in my judicial career of 31 years, where I can safely place my integrity before Allah that I have only acted to the best of my knowledge, within the legal framework, and have acted without fear of prejudice .
The Chief Justice PHC expressed “profound surprise and concern” at the decision not to consider his candidacy for promotion, especially in light of his dedication, efficiency and services to the judiciary.
I realize that decisions to appoint judges to the High Courts are complex and multifaceted, including considerations that are not always clear to everyone. However, in the spirit of transparency, principles of transparency and continued faith in our judicial system, I question why my brother Justice Naeem Akhtar Afghan was promoted alone when there were three posts and still vacant while none other have been considered.
Justice Ibrahim said that it is also surprising that there are currently three respected judges from Balochistan in the Supreme Court of Pakistan while there are only two from Khyber Pakhtunkhwa.
Therefore, if the two states are compared in any way, it is desirable that one more place is left for the state of Khyber Pakhtunkhwa. It seems that the distribution of the seats of honorable judges in the Supreme Court is disproportionate which has created real discontent in the states especially in Khyber Pakhtunkhwa which has grown enormously in terms of volume and portfolio of cases after the merger of FATA erstwhile gone.
“Unfortunately, I do not have the personal connections that often contribute to such highlights. This lack of advocacy or lobbying on my part should not be an obstacle to recognizing the merit and commitment I have shown to uphold justice. And it is with this conviction that I am compelled by my conscience to record the facts before your Lordships, the Honorable Judges, and my Supreme Body, before removing my clothes. It is not far from being very satisfied in my heart and whatever Allah has destined for me will be a blessing. He said that the purpose of writing the letter was not to challenge the decision directly but there was a need for clarity and assurance that principles merit, transparency and equal opportunity are maintained.
I am sure that your Lordship will not come against me because you have raised your voice against arbitrariness, discrimination and favoritism through the letters that I have quoted above in one of them. I am fully committed to my constitutional obligations. With the hope that Allah Ta’ala will recognize and reward my efforts and services in this world and the next, God willing.
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