In a letter to Chief Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday, Peshawar High Court Chief Justice Muhammad Ibrahim Khan expressed concern over non-consideration for the elevation of judges to the Supreme Court from Khyber-Pakhtunkhwa province.
“I hope this letter finds you in good health and high spirits. I am writing to your Lordship with a heavy heart and a sense of disillusionment in relation to prima facie arbitrariness, discrimination and favouritism in the appointment of judges in the Supreme Court of Pakistan. It is with utmost respect for your esteemed position and the principles of fairness and meritocracy that our judicial system purports to uphold, that I bring this matter to your attention,” Justice Ibrahim wrote.
He said that there were four vacancies in the Supreme Court but only one vacancy was filled by appointing his brother Honourable Judge Justice Naeem Akhtar Afghan of Balochistan High Court the then Chief Justice Balochistan High Court.
“It was a profound disappointment when I learnt that only one judge and that too from your own province, was appointed in the Supreme Court despite the fact that there were four vacancies. I am genuinely happy for my brother Mr Justice Naeem Akhtar Afghan but why my candidacy was not considered notwithstanding my seniority, eligibility and availability of vacancies in the Supreme Court,” he added.
Justice Ibrahim said that he is the second senior most chief justice among the chief justices of all high courts in Pakistan. “I am also a member of the Judicial Commission of Pakistan (JCP) and Supreme Judicial Council of Pakistan. I had legitimate expectation that my candidature would be at least included in the list for consideration to be appointed as a Judge of the Supreme Court of Pakistan. Had I not been found fit to be appointed as Judge of Supreme Court after due process by the Judicial Commission of Pakistan, I would have happily accepted the JCP’s decision,” he added.
He expressed the belief that considering the substantial backlog, the CJP might feel inclined or even obligated to promptly fill the vacancies, particularly given the sentiment among the countrymen that they are being deprived of swift justice.
“The taxpayers, who pay for our salaries, expect that vacancies are filled immediately so that the court may operate at full strength and dispense justice. There is a duty to act diligently. This decision of solitary appointment has left me perplexed and seeking genuine answers. I have been thinking about possible reasons for not filling the vacancies but no logical and persuasive reason could come to mind,” he added.
Justice Ibrahim mentioned that he had been faithfully serving for 31 years, characterised by steadfast commitment, dedication, and numerous contributions that, in his opinion, not only benefited the community but also upheld the highest standards of the judicial system.
