Re-petitions have been filed regarding the appointment of the Acting Chief Justice and the seniority of judges. The petition was filed by Mufti Noorul Basar Advocate through Malik Salman Advocate.
The position taken in the petition was that the parties ignored the senior peon judges of the High Court and appointed a junior judge as the Acting Chief Justice. The appointment of a junior judge as the Acting Chief Justice is against Articles 2A, 3,4,5,8,8,9,10A. The appointment of the Acting Chief Justice is also a violation of Articles 11,14,24,25,27,35,37,227.
The President of Pakistan, Prime Minister, Chief Justice, Judicial Commission, Acting Chief Justice, Parliamentary Committee, Federal Ministry of Law, Provincial Government have been made parties in the petition.
The petition stated that the move by the federal government and other parties is an attack on the reputation of the independent judiciary, the appointment of a junior judge as the acting Chief Justice instead of a senior judge is against PLD 1996 Speaker Court 324 and SCMR 1996 Supreme Court 1185.
According to the petition, Peshawar. Appointing a junior judge to the Supreme Court, leaving senior judges aside, is against the Supreme Court decisions. The Supreme Court has declared in its decisions that a junior judge cannot be made the boss of senior judges.
The petition requested that the February 12 notification of the appointment of the acting Chief Justice be suspended, the February 12, 2025 notification is a violation of Article 8.
The Peshawar High Court Registrar Office had objected to the petitions and returned them, the petitioner has re-filed the petitions after removing the objections of the Registrar Office.
