PAKISTAN: Larger bench formed to hear judges’ retirement age case

Federal government opposes enhancement in service tenure

LAHORE (The DAILY TIMES), May 9, 2005:

Justice Nazim Hussain Siddiqui, chief justice of Pakistan, constituted a 5-member larger bench to hear two constitutional petitions from Monday regarding enhancement in the retirement age for superior court judges.

However, the federal government opposed this hearing with the contention that any enhancement in the judges’ tenure would serve no good to the judiciary.

Sources in the Supreme Court told Daily Times that the larger bench comprises those judges who have more than three years to stay in the Supreme Court.

Meanwhile, the federation of Pakistan opposed the enhancement in judges’ tenure and requested court dismiss related petitions. Makhdoom Ali Khan, attorney general (AG) for Pakistan, submitted a reply on behalf of the federation of Pakistan against one of the petitions saying that there was no relation between the retirement age for a judge and the independence of the judiciary.

“Only eight countries the US, Armenia, Romania, Bosnia, Serbia, Russia, Palau and Macedonia, grant life tenure to judges and with the exception of the US none of the others are known for the independence of the judiciary,” states the AG’s reply.

The AG said, on the other hand the United Kingdom, reduced the retirement age for its judges from life tenure to 75 years and later from 75 to 70 in 1981.

The attorney general contended that the age issue had been laid down in Article 179 and 193 of the Constitution and it was a settled principle that the Supreme Court could not strike down any constitutional provision.

Any decision by this court, the AG said resulting in an extension in the retirement age for all or some of its members will always be controversial, irrespective of its legal merits.

One constitutional petition has been filed by Advocate Habibul Wahabal Khairi and the other one by Moulvi Iqbal Haider. Both the petitioners have a common contention that there should be enhancement in judges’ retirement age. Khairi has raised some other points regarding independence of the judiciary vis-a-vis appointments, postings and the transfer of judges of the superior courts.

All the representative organisations of lawyers including the Pakistan Bar Council have expressed their resentment and protested against these petitions. PBC has warned of agitation in case of any such enhancement.

Presently the retirement age for the Supreme Court and High Court judges is 65 and 62 years.

The bench consists of Justice Dardar Muhammad Raza Khan, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice Mian Shakirullah Jan and Justice Tassaduq Hussain Jillani.

The Daily Times, Lahore