Discretionary powers of Chief Justices of High Courts challenged in Supreme Court

Lahore: The discretionary powers of the Chief Justices of the High Courts were challenged in the Supreme Court.

Mian Dawood Advocate in the Supreme Court has made the registrars of 5 high courts, four provinces and federal government parties in the constitutional petition filed under public interest.

It has been argued in the petition that the Chief Justices of the High Courts are using their discretionary powers unconstitutionally. Most of the Chief Justices of High Courts loot the public treasury like kings before retirement. Former Chief Justice of Lahore High Court Amir Bhatti set the worst examples of abuse of power a month before his retirement.

In the petition filed in the Supreme Court, it was further stated that the former Chief Justice of Lahore High Court gave illegal advance increments to hundreds of employees in the name of excellent performance. 2 advance increments were given from 6 July 2021 to the officers and personnel of the former Chief Justice Lahore High Court. There is no instance in judicial history of giving advance increment to the staff of a Chief Justice for a period of two and a half years till date.

In his application, Mian Dawood Advocate stated that a day before the retirement of the former Chief Justice, hundreds of other employees were illegally given advance increments. Advance increments were also given to transferred Registrar High Court and Registrar High Court appointed 2 months earlier. Former Chief Justice Lahore High Court Reader and his wife Senior Civil Judge were approved for 4 years educational leave with salary. Former Chief Justice Lahore High Court also approved 6, 6 months and one year leave to several other employees without any legal justification or authority.

According to the petitioner, there is no university record and legal requirement for academic leave of Reeder and his wife on file. Dozens of notifications were issued in a single day to cancel the sentences of more than 50 employees of the Lahore High Court with one signature. Abolition of punishments under discretionary powers amounts to deactivation of service tribunals established under law. 2 Deputy Registrars of Lahore High Court Shehbaz Anwar and Shehbaz Ashraf were terminated and advanced increments were also given to them.

In the Supreme Court, the two deputy registrars were allowed to appoint their own new inquiry officers to quash the convictions. Apart from the advance increments, the punishments of the two deputy registrars were terminated and they were also given promotions. Now, no new officer of the Lahore High Court is ready to take the responsibility of the inquiry of the files of both the deputy registrars. The files of both deputy registrars are moving from one branch to another branch.

The petition further states that most of the notifications by the former Chief Justice of Lahore High Court were issued on March 6, a day before his retirement. The Judiciary was brought into disrepute by nepotism with the employees of the High Courts. Corruption and nepotism in the judiciary affected the independence of the judiciary. Administrative powers of High Courts should be vested in Administrative Committees instead of a single Chief Justice.

According to the petitioner, examples of corruption and nepotism are being established by allowing a single person to exercise powers.

The Supreme Court has been requested to give an order to regulate the provincial powers of the Chief Justices of the High Courts. All the notifications issued one month before the retirement of the former Chief Justice of Lahore High Court should be judicially reviewed. The advance increments given to the officers of the Lahore High Courts should be declared illegal and returned to the government treasury.