Lawyer Files Complaint Before SJC Against LHC Chief Justice

A lawyer who had earlier approached the Supreme Judicial Council (SJC) with a complaint against sitting Lahore High Court Chief Justice Mohammad Qasim Khan on Saturday moved another complaint questioning formation of finance committee which he said was made in violation of rules and regulations. Mian Maqsood Ahmad, who is a Lahore-based-lawyer, moved the plea and questioned the alleged illegal acts being committed in the Lahore High Court in violation of Members of High Court Establishment Appointment and Condition of Service Rules, 1956, 1979. The lawyer said that despite the matter being subjudice with the Supreme Judicial Council about the Members of High Court Establishment’s appointment and condition of Service Rules, 1956, 1979, the LHC again formed a finance committee that too in flagrant contravention of the above said rule. The lawyer also submitted that the LHC was planning to regularize all sorts of promotion, upgradation, time scale personal up-gradation which was against the verdict passed by the SC as reported in 2016 SCMR 859. He also said that a golden principle was set out that an up-gradation could not take place when there was public exigency, restructuring of department. He argued that “by order of the governor Punjab” does not mean that it had been approved by the Governor. He said rather it was a constitutional requirement under Article 139, wherein all executive actions of the Punjab government shall be expressed to be taken in the name of the governor. He said that Sharaf Faridi case could not over-ride the Constitutional provisions under Article 115, 119 to 124, 208(b). Moreover, Article 175 of the Constitution does not deal with the terms and conditions of the both the categories of the above referred employees. UrduPoint Home English News Pakistan News Lawyer Files Another Complaint Before SJC Against LHC CJ Qasim Khan In A Reference Already Pending B .. Lawyer Files Another Complaint Before SJC Against LHC CJ Qasim Khan In A Reference Already Pending Before It Fida Hussnain (@fidahassanain) 22 hours ago Sat 02nd January 2021 | 01:29 PM Lawyer files another complaint before SJC against LHC CJ Qasim Khan in a reference already pending before it The complainant has prayed the council to consider these objections as part of the main complaint of the undersigned, concrete lawful action be initiated against the illegal acts being committed by the administration / Lahore High Court’s establishment in the best interest of justice. ISLAMABAD: (UrduPoint/UrduPoint / Pakistan Point News-Jan 1st, 2021) A lawyer who had earlier approached the Supreme Judicial Council (SJC) with a complaint against sitting Lahore High Court Chief Justice Mohammad Qasim Khan on Saturday moved another complaint questioning formation of finance committee which he said was made in violation of rules and regulations. Mian Maqsood Ahmad, who is a Lahore-based-lawyer, moved the plea and questioned the alleged illegal acts being committed in the Lahore High Court in violation of Members of High Court Establishment Appointment and Condition of Service Rules, 1956, 1979. The lawyer said that despite the matter being subjudice with the Supreme Judicial Council about the Members of High Court Establishment’s appointment and condition of Service Rules, 1956, 1979, the LHC again formed a finance committee that too in flagrant contravention of the above said rule. The lawyer also submitted that the LHC was planning to regularize all sorts of promotion, upgradation, time scale personal up-gradation which was against the verdict passed by the SC as reported in 2016 SCMR 859. He also said that a golden principle was set out that an up-gradation could not take place when there was public exigency, restructuring of department. He argued that “by order of the governor Punjab” does not mean that it had been approved by the Governor. He said rather it was a constitutional requirement under Article 139, wherein all executive actions of the Punjab government shall be expressed to be taken in the name of the governor. He said that Sharaf Faridi case could not over-ride the Constitutional provisions under Article 115, 119 to 124, 208(b). Moreover, Article 175 of the Constitution does not deal with the terms and conditions of the both the categories of the above referred employees. He said that now the question arose as to whether the person occupying a post is to be up-graded along with post which was being up-graded or otherwise. The attention in this regard is drawn towards the judgment of Supreme Court of Pakistan passed in Civil Review Petition No.193 of 2013 in Constitution Petition No.71 of 2011 and the same was circulated by S&GAD vide its circular letter No.SOR-III(S&GAD)3-17/2013 dated 27.04.2015. He argued that expression up-gradation’ was distinct from the expression ‘promotion’ was restricted to the post and not with the person occupying it. The up-gradation could not be made to benefit a particular individual in terms of promoting him to a higher post or further providing him with the avenues of lateral appointment or transfer or posting in order to justify the up-gradation. He said the government was required to establish that the department needs restructuring, reform or to meet the exigency of service in public interest. Hp-gradation was not permissible in the absence of these pre-conditions. The complainant argued that since a complaint , reference is pending adjudication against Mr. Justice Muhammad Qasim Khan, Chief Justice Lahore High Court Lahore before the council, so its adjudication is utmost to be decided prior to the sitting / convening of Supreme Judicial Commission for the consideration of appointments of judges of superior judiciary being held on January 8, 2021. He prayed the council to consider these objections as part of the main complaint of the undersigned, concrete lawful action be initiated against the illegal acts being committed by the administration / Lahore High Court’s establishment in the best interest of justice.