Karachi (HRNW) – The Sindh High Court has issued notices to relevant parties for June 18 on petitions filed by the Sindh High Court Bar Association challenging recent legislation related to the appointment of judges in special courts.
During the hearing, the court reviewed petitions against amendments concerning the appointment of judges to anti-narcotics and anti-terrorism courts.
President of the Sindh High Court Bar Association, Haseeb Jamali Advocate, argued that the amendments have reduced the judiciary’s role in the appointment process and granted discretionary powers to the executive. He stated that prior to the amendments, consultation with the Chief Justice of the Sindh High Court was mandatory for judicial appointments, but the new legislation has effectively reduced that requirement to a formality.
He further contended that transferring the power of selection and nomination of judges to the administration could undermine judicial independence. According to the petition, the Constitution of Pakistan guarantees the independence of the judiciary, the right to a fair trial, and the separation of powers among state institutions.
The petitioner also maintained that the Supreme Court has consistently held that meaningful consultation with the Chief Justice is a fundamental requirement for ensuring judicial independence. It was argued that a provincial assembly cannot enact laws that contradict the basic structure of federal legislation and that, in cases of conflict, federal law takes precedence over provincial law.
The petition requests the court to declare the provisions concerning the appointment procedure for judges of anti-narcotics and anti-terrorism courts null and void.
Following the initial hearing, the Sindh High Court issued notices to all parties and adjourned the matter until June 18. The federal government, the Sindh government, and the provincial law department have been named as respondents in the petitions.
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