Special bench adjourns 20 identical petition challenging constitution of special tribunals, courts

KARACHI: A three member special full bench of High Court of Sindh comprising Justice Aqeel Ahmed a, Justice Syed Hasan Azhar Rizvi and Justice Agha Faisal on Monday adjourned hearing of 20 identical petitions pertaining to special courts, tribunals.

The main petition was filed by Syed Aley Maqbool Rizvi while he was the administrative judge of Anti Terrorism Courts for Karachi Division. The other petitions were filed by Independent News Cooperation, Attock Cement, Deewan Cement, Pioneer Cement, Fecto Cement, Fauji Cement, Kohat Cement and Bestway Cement Ltd.

The bench heard arguments from petitioners side who maintained that these tribunals including Competition Appellate Tribunal (to hear appeals against orders of Competition Commission of Pakistan) were not formed following the prescribed procedure and hence they are illegal and void. They relying on Mehram Ali’s case where in separation of judiciary from executive was envisaged, maintained that all appointments to such tribunals must be made either in consultation with chief justice of high court concerned or with Chief Justice of Pakistan.

Salman Talibuddin, Adovcate General Sindh appearing for the provincial government opposed the petitions and said that Mehram Ali’s case is on different premise while in present petitions, the main question is that whether consultation with CJP of CJ of a High Court is necessary for appointment of  technical members too.

As one of the leading lawyers from petitioner side was on general adjournment, the bench by consent, adjourned further proceedings till Sept 16.

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