ahlam1399
01-02-2018, 07:43 AM
ISLAMABAD: A former Lahore High Court (LHC) woman judge who was not confirmed despite working for two years has filed an appeal with the Chief Justice of Pakistan seeking an opportunity to be told the reasons for her non-confirmation.
Justice Erum Sajjad Gull?s case is against the decision of the judicial commission that did not confirm her despite strong recommendations from the LHC chief justice, Puisne judge of LHC and members of Punjab Bar Council. Even the puisne judge of the Supreme Court wrote a note in her favour and others for confirmation but he was not present on the day when the meeting of the JC was held in May this year.
First, the petition filed by the former LHC female judge was returned by the SC Registrar and now Ms Gull had filed an in-chamber appeal with the chief justice of Pakistan. The petition says that Mrs Justice Erum Sajjad Gull was the only female judge elevated as the LHC judge on June 8, 2015 where she served for two years and decided nearly ten thousand cases which were upheld by the SC with numerous pending cases. She is an asset and a role model for other future judges but she was not confirmed by the JCP on May 4, 2017 though she was highly recommended by the LHC chief justice.
?That after serving for one year as judges of the LHC the names of judges seeking confirmation were placed before the JCP in the year 2016. The said judges were Justice Javaid Minhas, Justice Sardar Ahmed Naeem, Justice Gulzar Awan, Justice Erum Sajjad Gull, Justice Raja Shahid Abbasi, JusticeSheram Sarwar Chaudhry, Justice Muhammad Sajid Mehmood Sethi and Justice Sardar Muhammad Sarfraz Dogar. In its first meeting, the JCP dropped the names of Justice Javaid Minhas and Justice Gulzar Awan and were of the opinion that Justice Sardar Ahmed Naeem, Justice Erum Sajjad Gull, Justice Sheram Sarawar Chaudhry and Justice Muhammad Sajid Mehmood Sethi be confirmed while the other two judges be given a further extension of one year. In the end it was decided by the JCP that none of the judges be confirmed and they all be given a further one-year extension. But after completing two years of service all the aforementioned judges were confirmed except the single female judge Mrs Justice Erum Sajjad Gull, even though she decided ten thousand cases which were upheld by the SC.
According to the record kept by the LHC, amongst the sitting judges of the Lahore High Court Mrs Justice Erum Sajjad Gull had disposed of maximum cases in these two years. She was applauded for her hard work by the LHC CJ and the other senior judges of the same court.?
Mrs Justice Erum Sajjad Gull, during the two years served as a single bench as well as in different division benches of the LHC, she authored highly sensitive cases of terrorism, NAB etc which were upheld by the SC. That non-confirmation of Justice Mrs Erum Sajjad Gull is a clear violation of Article 25 read with other provisions of the Constitution and is also a major setback to the women of Pakistan, discouraging female lawyers by sending them a message that females are not appropriate to be the high court judges. This is evident from the fact, that though Mrs Justice Erum Sajjad Gull was an upright, honest, intelligent, hardworking and capable judge but due to gender discrimination she was not confirmed as a high court judge.
Although the Puisne judge of the SC had left a note that all the judges seeking confirmation be confirmed. But the JCP gave no weightage to the note left by the judge which in all fairness should have been considered.
The petition further states whether the JCP while deciding the fate of incumbent judge under discussion did not escape sight of the fact that she had decided and adjudicated upon thousands of cases in the High Court on the criminal side and majority of them were upheld by the august SC.
The petition questions whether a judge, who is not confirmed by the JC has the right of information as to why he or she was not confirmed and not provided the said judge with the relevant information, is a clear violation of Article 19-A, Article 4 and other provisions of the Constitution. Whether a judge who was serving for two years as a judge of the High Court could be denied confirmation without assigning any reason. Especially when that particular judge was highly recommended by the CJ of that High Court, senior Puisne Judge and the member of the bar council, as in the case of Mrs Justice Erum Sajjad Gull.
The Registrar of the Supreme Court placed an objection on the petition of Nasra Iqbal in which she has requested the apex court to direct the JCP to reconsider the case of the female judge Erum Sajjad Gull which was unanimously decided by the parliamentary committee for reconsideration. The petitioner, Nasra Iqbal filed a chamber appeal which has now been fixed for hearing on the 4th of January, 2018 in Chamber 1 and is being heard by the CJP Saqib Nisar himself though he was the chairman of the JCP.Justice Nasra Iqbal will be appearing herself with her counsel in the said chamber appeal. Justice Nasra Iqbal is seeking justice for another judge of the high court. The main point of her case being that the JCP should reconsider the unanimous decision of the parliamentary committee because the parliamentary committee represents Parliament which is supreme.
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Justice Erum Sajjad Gull?s case is against the decision of the judicial commission that did not confirm her despite strong recommendations from the LHC chief justice, Puisne judge of LHC and members of Punjab Bar Council. Even the puisne judge of the Supreme Court wrote a note in her favour and others for confirmation but he was not present on the day when the meeting of the JC was held in May this year.
First, the petition filed by the former LHC female judge was returned by the SC Registrar and now Ms Gull had filed an in-chamber appeal with the chief justice of Pakistan. The petition says that Mrs Justice Erum Sajjad Gull was the only female judge elevated as the LHC judge on June 8, 2015 where she served for two years and decided nearly ten thousand cases which were upheld by the SC with numerous pending cases. She is an asset and a role model for other future judges but she was not confirmed by the JCP on May 4, 2017 though she was highly recommended by the LHC chief justice.
?That after serving for one year as judges of the LHC the names of judges seeking confirmation were placed before the JCP in the year 2016. The said judges were Justice Javaid Minhas, Justice Sardar Ahmed Naeem, Justice Gulzar Awan, Justice Erum Sajjad Gull, Justice Raja Shahid Abbasi, JusticeSheram Sarwar Chaudhry, Justice Muhammad Sajid Mehmood Sethi and Justice Sardar Muhammad Sarfraz Dogar. In its first meeting, the JCP dropped the names of Justice Javaid Minhas and Justice Gulzar Awan and were of the opinion that Justice Sardar Ahmed Naeem, Justice Erum Sajjad Gull, Justice Sheram Sarawar Chaudhry and Justice Muhammad Sajid Mehmood Sethi be confirmed while the other two judges be given a further extension of one year. In the end it was decided by the JCP that none of the judges be confirmed and they all be given a further one-year extension. But after completing two years of service all the aforementioned judges were confirmed except the single female judge Mrs Justice Erum Sajjad Gull, even though she decided ten thousand cases which were upheld by the SC.
According to the record kept by the LHC, amongst the sitting judges of the Lahore High Court Mrs Justice Erum Sajjad Gull had disposed of maximum cases in these two years. She was applauded for her hard work by the LHC CJ and the other senior judges of the same court.?
Mrs Justice Erum Sajjad Gull, during the two years served as a single bench as well as in different division benches of the LHC, she authored highly sensitive cases of terrorism, NAB etc which were upheld by the SC. That non-confirmation of Justice Mrs Erum Sajjad Gull is a clear violation of Article 25 read with other provisions of the Constitution and is also a major setback to the women of Pakistan, discouraging female lawyers by sending them a message that females are not appropriate to be the high court judges. This is evident from the fact, that though Mrs Justice Erum Sajjad Gull was an upright, honest, intelligent, hardworking and capable judge but due to gender discrimination she was not confirmed as a high court judge.
Although the Puisne judge of the SC had left a note that all the judges seeking confirmation be confirmed. But the JCP gave no weightage to the note left by the judge which in all fairness should have been considered.
The petition further states whether the JCP while deciding the fate of incumbent judge under discussion did not escape sight of the fact that she had decided and adjudicated upon thousands of cases in the High Court on the criminal side and majority of them were upheld by the august SC.
The petition questions whether a judge, who is not confirmed by the JC has the right of information as to why he or she was not confirmed and not provided the said judge with the relevant information, is a clear violation of Article 19-A, Article 4 and other provisions of the Constitution. Whether a judge who was serving for two years as a judge of the High Court could be denied confirmation without assigning any reason. Especially when that particular judge was highly recommended by the CJ of that High Court, senior Puisne Judge and the member of the bar council, as in the case of Mrs Justice Erum Sajjad Gull.
The Registrar of the Supreme Court placed an objection on the petition of Nasra Iqbal in which she has requested the apex court to direct the JCP to reconsider the case of the female judge Erum Sajjad Gull which was unanimously decided by the parliamentary committee for reconsideration. The petitioner, Nasra Iqbal filed a chamber appeal which has now been fixed for hearing on the 4th of January, 2018 in Chamber 1 and is being heard by the CJP Saqib Nisar himself though he was the chairman of the JCP.Justice Nasra Iqbal will be appearing herself with her counsel in the said chamber appeal. Justice Nasra Iqbal is seeking justice for another judge of the high court. The main point of her case being that the JCP should reconsider the unanimous decision of the parliamentary committee because the parliamentary committee represents Parliament which is supreme.
http://feeds.feedburner.com/~r/com/cwEr/~4/CXRrGAb3OoQ
أكثر... (http://feedproxy.google.com/~r/com/cwEr/~3/CXRrGAb3OoQ/263270-non-confirmation-lhc-s-female-judge-moves-supreme-court)