Saturday, September 26, 2009

SHC: 10 Additional Judges take oath amidst bar associations’ boycott

By Syed M. Aslam
KARACHI: Chief Justice of High Court of Sindh Justice Sarmad Jalal Osmany administered oath to ten new additional judges appointed for a one year term by the President of Pakistan. The ceremony was held at Committee room of SHC and was attended by senior lawyers. Those who took oath included Justice Shahid Anwer Bajwa, Justice Rukhsana Ahmed Malik, Justice Ghulam Sarwar Korai, Justice Ahmed Ali Shaikh, Justice Ali Bin Adam Jafferi, Justice Bhajandas Tejwani, Justice Irfan Saddat Khan, Justice Aqeel Ahmed Abbasi, Justice Munib Akhtar and Justice Tufail H Ebrahim. The bar associations, unhappy with the non-appointment of seven former judges of SHC who refused to take oath under the PCO, boycotted the oath taking ceremony. The former judges who refused to take oath under the PCO included Justice Zafar Ahmed Khan Sherwani, Justice Abdul Rasheed Kalwar, Arshad Siraj Memon and Justice Salman Ansari. The President of SHC Bar Association, Justice (r) Rasheed A Razvi, while talking to the press said that the restoration of those judges who refused to take oath under the PCO should have given the priority for appoitment. He said that judiciary in the province of Sindh was not restored to the pre-November 2, 2007 position which was a main demand during the two and a half year of struggle for an independent judiciary by lawyers-led movement for independent judiciary. Mehmood-ul-Hasan, Senior Vice Chairman of Sindh Bar Council whoalso boycotted the ceremony said that bar associations were neither taken into confidence nor consulted. Lawyers’ movement has yet to bear fruits as the ideal of establishment of independent judiciary and independent judges yet remains unachieved, he said. Meanwhile the Chief Justice SHC ordered some changes in sittings of the judges and new roster was being prepared till late evening. The CJ also ordered constitution of five division benches for hearing the cases, the number of which is multiplying every day.
Suit case, fresh notices issued to Attorney General, AG Sindh, others: Justice Maqbool Baqar of Sindh High Court expressing “pain “over the attitude of the government functionaries ordered issuance of fresh notices to the Advocate General Sindh, Attorney General Pakistan, Chairman Trading Corporation of Pakistan, Utility Stores Corporation and provincial and federal food departments in a suit filed by a sugar trader againsta sugar mill. The court was hearing a suit filed by a Sugar trader against Najma Sugar Mills situated at Mirpurkhas Jhudoo road. The plaintiff maintains that he purchased over 3,500 metric tones of sugar from Najma Sugar mills on advance payment but later found that stock was removed by the defendants. On a previous hearing the court had appointed the Nazir of the SHC to inspect the mill and to take inventory of sugar stock available. In view of sugar crisis in the country, the bench after receipt of notice from the Nazir issued notices to the federal and provincial government with a view that sugar stock could be purchased by them and sold to people as an effort towards ending the crisis. When the case was called for hearing Friday none was present for the government departments or the federation so the court put off the proceedings and ordered issuance of notices to the AGS and AGP. The court noted in its order that “It is painful to note that there is a sugar crisis in the country and opportunity was granted to government departments to participate in the proceedings but none is present”. The court directed the AAG and DAG present to ensure service of notices to the respondents and also issued notices to Attorney General Pakistan and Advocate General Sindh for a date to be fixed later by the office of the court.