KARACHI: There is no need of increase in number of judges for Supreme Court. Salaries of judges in millions of rupees are unconstitutional and oath of all governmental employees including judges is unlawful under Constitution. Hashmat Habib President Tehreek-e-Tahaffuz-e-Adlia disclosed this interviewing with ‘National Courier’ exclusively.  

He said issue of increasing number of judges in Supreme Court was earlier raised in 1996 in era of Sajjad Ali Shah and I had challenged it. I had filed petition that there was no need to increase numbers. Advocate Chaudhry Farooq was Attorney General at that time while Chaudhry Ikram was my lawyer. Hence issue was withdrawn.   Replying to various queries senior lawyer said, in my opinion spirit of work is real essence required for higher judiciary in country.

There were about 35,000 pending cases at that time in Supreme Court and the issue was dropped. Now it is again raised that may be due to fear of government about grouping at that level and few of Imrandu judges specially next replacement in queue in accordance with Al-Jehad Trust case judgment of seniority.  But in my opinion it would be resolved through legislation in Parliament.

However most serious matter is that not only in Supreme Court but at lowest level of judiciary too there are open grouping of judges on political and ethnic basis which is quite shameful. Involvement of wives and mother-in-laws in judge affairs has destroyed judiciary very badly. Neither government nor judges seem serious about this debacle. 

High court and Supreme Court judges’ job is Constitutional job, constitution has fixed their salaries up to Rs 5,000-6,000 only while it was allowed to President to give nominal enhancements from time to time.

Present salaries and perks of judges in millions of rupees is not in accordance with Constitution spirit but only because of authority of Presidents or acting presidents.  He said that with reference to constitution my stand is that all judges are “Strangers” in court since they have not taken their true oath on Holy Book.

On other hand under an article in Constitution all office bearers and employees in government jobs are also “Strangers” until they took their oath on Holy Quran as already in practice all over world by taking oath on their holy books. Rule is that until you take oath you cannot be appointed on any government post. Jugglery is that our people assume oath of “I solemnly swear,” which is not an oath. Even Indians are taking oath on their religious book Geeta, but our Muslim government employees are holding illegal and unconstitutional oath before joining their posts, he concluded.