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Peshawar High Court CJ Files Petition Against LHC Judges’ Elevation To SC

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Peshawar High Court (PHC) Chief Justice Waqar Ahmad Seth has challenged the elevation of three Lahore High Court (LHC) judges to the apex court. Justice Seth has filed a petition in the Supreme Court in this regard, arguing that the LHC judges were promoted in violation of the principle of seniority.

DAWN reported that the petition challenging the elevation of former LHC judges Justice Qazi Muhammad Amin, Justice Aminuddin Khan and Justice Sayyed Mazahar Ali Akbar Naqvi has been filed by senior counsel Hamid Khan on behalf of Justice Seth.

“The petitioner [Justice Seth] has a legitimate expectancy to be appointed as a judge of the Supreme Court on the basis of his seniority, suitability and merit. But he has been ignored and superseded thrice without affording him an opportunity of being heard,” the petition argues, adding that the appointments of the judges from the LHC have been made in violation of the principle of seniority.

According to the petition, Justices Amin, Khan and Naqvi were appointed as judges of the Supreme Court while ignoring the inter-se seniority of the chief justice of high courts as well as the importance given to the office of the chief justice of a high court under Articles 175-A and 209.

Justice Seth through his petition has requested the top court to set aside the appointment notifications of the three judges and “the appointment to the vacancies thus created be made from the inter-se seniority of the chief justices of the high courts”.

In December last year, the PHC chief justice handed down death sentence to former president retired Gen Pervez Musharraf in the high treason case for imposing emergency in the country on November 3, 2007.

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