| Case ID |
d812f709-9f17-4a62-8081-66706d89cf8e |
| Body |
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| Case Number |
Writ Petition No. 3930 of 2002 |
| Decision Date |
May 22, 2006 |
| Hearing Date |
|
| Decision |
The Intra Court Appeal was dismissed as the petitioner's contention regarding the elevation of respondents Nos. 4 to 8 as Judges of the High Court was found to be untenable. The court clarified that the appointment of judges is distinct from promotion, emphasizing that seniority may be considered but is not the sole factor. The distinction between 'appointment' and 'promotion' as per Articles 193 and 197 of the Constitution was highlighted, and the terms used in the notification regarding the appointment were affirmed as an 'appointment' rather than a 'promotion'. The court upheld the legitimacy of the appointment process as per constitutional provisions. |
| Summary |
This case addresses the constitutional provisions related to the appointment of judges in Pakistan, specifically focusing on Articles 193 and 197 of the Constitution of Pakistan, 1973. The case involves the Watan Party challenging the appointment of several Additional Judges, arguing that their seniority was overlooked. The Lahore High Court, however, clarified that appointments to the High Court are not promotions and that while seniority is a consideration, it is not the only factor. The court's decision reinforces the distinction between appointment and promotion in judicial appointments, ensuring that the integrity of the judicial selection process is maintained. This case is significant in understanding the judicial framework and the appointment processes within Pakistan's legal system, emphasizing the adherence to constitutional mandates. Keywords: judicial appointments, constitutional law, Pakistan, Lahore High Court, Articles 193 and 197, legal framework, judicial integrity. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAHID HUSSAIN,
JAWWAD S. KHAWAJA
|
| Lawyers |
Barrister Zafar Ullah Khan,
Dr. Danishwar Malik, Dy. Attorney-General for Pakistan
|
| Petitioners |
WATAN PARTY through President, Lahore
|
| Respondents |
7 others,
FEDERATION OF PAKISTAN through Law Secretary, Ministry of Justice and Parliamentary Affairs, Islamabad
|
| Citations |
2006 SLD 528,
2006 PLD 609
|
| Other Citations |
PLD 2002 SC 939
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
193,
197
|