KARACHI: Chief Justice of Pakistan (CJP) Umer Atta Bandial elevated Supreme Court Judges' strength to fifteen from 12 while require two more seats in waiting by arranging majority of votes in skillful manner violating principle of seniority.

Hashmat Habib President Tehreek-e-Tahaffuz Adlia welcoming fresh appointments in Supreme Court said at least one Judge was elevated in accordance with seniority while there were already a few Judges who are appointed violative of Supreme Court judgments on principle of seniority.

He said it is surprising that Oath required under Article 178 was not an 'Oath', it is even against format given in Schedule which says "Solemnly swear" but its Urdu translation is not in accordance with meaning of solemnly swear as Urdu translation is made "Sidqe dil se halaf uthata hun" thus taking Oath is neither according to format nor it means "sidqe dil se halaf uthana."

He urged that format must be amended in accordance with "Oath" taken by constitutional functionaries throughout world where they take "Oath on Holy Book" and if solemnly swear that is also added with swear by Almighty God. If a person does not believe in God he can say solemnly swear. To do right means morally good, justified and acceptable in accordance with law, not justice. Former Chief Justice of Pakistan Afzal Zullah once said Constitution is "Vakhri type" while many laws are black or abused by persons in authority, he added.

Senior lawyer disclosed that all judges and persons appointed/elevated to constitutional position are strangers to their offices. It is a serious matter because under Article 255(3) of Constitution a person is required to make an "Oath" before he enters an office and he shall be deemed to have entered office on day on which he takes "Oath".

Hashmat Habib said under definition of Article 260 it is said that an "Oath" includes affirmation but nowhere in Constitution does "Solemnly swear" mean "Oath". He said even as per format of "Oath" given in schedule nowhere does a Judge pledge that he will do Justice on other hand, he pledges to perform his functions in accordance with Constitution and law, or at most, he pledges to do right to all manners of people according to law.

Published in The Daily National Courier, November, 17 2022

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