KARACHI: The Sindh High Court (SHC) on Tuesday dismissed the constitutional petition seeking to consider elevation of six lower court judges to SHC, who had taken oath of judges of SHC under the provincial constitutional order (PCO) promulgated on 3, 2007 by former president General (retd) Pervez Musharraf.
Muhammad Nadeem Khan, a practicing lawyer, has taken secretary of Law, Parliamentary Affairs and Justice and Parliamentary Committee to the court, requesting it to consider elevation of six judges including Sofia Latif, Syed Zakir Hussain, Arshad Noor Khan, Ali Sain Dino Metlo, Qamruddin Bohra, Zafar Ahmed Khan Sherwani to SHC.
A division bench of SHC headed by Chief Justice Maqbool Baqar dismissed the petition when petitioner told the court that he does not want to press the petition.
The petitioner submitted that lower court judges were elevated to the post of additional judges of the SHC during the emergency declared by former president General (retd) Pervez Musharraf. But their appointments were subsequently declared unconstitutional by the apex court on July 31, 2009.
He said that judges were elevated to the post and they took oath of their office in accordance with the prevailing law of the country, adding that a number of judges were elevated to SHC but they were being ignored.
However, advocate Zain Jatoi appeared before bench on behalf of Sofia Latif, presiding officer of special court (Custom, Taxation and Anti-smuggling) at Karachi stated that learned judge has no concern whatsoever with the petition and requested court to expunge her name from proceedings.
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