Induction of DMG officers as Members of Judiciary
 

DEar Fellow Members,

Please go through the following news item:-


[URL="http://www.thenews.com.pk/daily_detail.asp?id=196710"]http://www.thenews.com.pk/daily_detail.asp?id=196710[/URL]


Now the matter to be taken up for discussion is: whether it would be beneficial and productive to induct DMG officers of certain rank and seniority in the judiciary?
Please come up with your valuable opinions

As said in the report also, the practise has been there in the past as well.
Furthermore, since DMG Officers also exercise quite a few judicial powers when appointed in the field, they have the experience to be inducted as Judges. All the three constitutions (1956, 62, 73) has the provision that a Civil Servant with 10 years of experience including 3 years in a Judicial capacity can be appointed a Judge of High Court.
Those senior DMG officers, in the pre-devolution days, who served as Assistant Commissioners (Sub Div. Magistrate) and Deputy Commissioners (District Magistrate) are eligible for appointment.

This decison would prove a serious blow to the cause of independence of Judiciary.Curretly Lower judiciary is under adminstrative control of high courts while appointment of DMGs on Judical Position would invite the involvment of Executives(under control of Govt.) in Judiciary.

Morever,D&SJ is a highly sensitive and startegic Position.The incumbant of this august office must be a Legal Expert.The honorable judges currently working on this position possess wast experience of judicary while a DMG Officer is not a legal expert thoug he miht having enjoyed some legal powers during the megistracy System.It take almost 22 years to a Civil Judge-cum-Judicial megestrate to reach at this Position besides having two years experience of Legal Practice prior to induction.Many of the Civil Judges remain deprived to touch this position and get retired as AD&SJ due to shortage of availble positions.This decison ,if implemented ,would increase the deprivation of such judges.

This practice of posting ICS officers who have served as a District Magistrate (DC) as District & Session Judge on next postings was very much in practice in pre-independence era. There was virtually no distinction between judicial officers and executive officers for this system successfully catered to the needs of our colonial masters. But after so many years after Independence when we are about to achieve a successful separation between judiciary and executive this move is not only absurd but sinister as well that has been tabled by DMG as a part of its struggle to grab more power. And they , in this power-hunger,seek the support of judicial rules. On the contrary the proponents of such stratagem completely forget Objective Resolution which is a preamble of Constitution of Pakistan , that irrefutably proclaims that 'Judiciary will be completely separate and independent from Executive'.The lettered and educated citizenry will castigate this move and will take to task all such moves in future.