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ISLAMABAD: The Supreme Court on Thursday observed that after 18th and 19th amendments, the president had no powers to turn down any recommendation for the appointment of superior court judges made by Judicial Commission on Judges’ Appointment and the Parliamentary Committee on Judges’ Appointment.
Hearing the petition pertaining to the appointment of two judges of the Islamabad High Court (IHC), the Supreme Court four-member bench, headed by Justice Khilji Arif Hussain, directed Attorney General for Pakistan (AGP) Irfan Qadir to inform the apex court on Friday (today) about the issuance of a notification regarding the appointment of two IHC judges after seeking instructions from the president.
The Judicial Commission had recommended confirmation of services of Justice Shaukat Aziz Siddiqui and six-month extension in the service of Justice Noor-ul-Haq N Qureshi and had sent it to the parliamentary committee for judges’ appointment for approval.
The Parliamentary Committee on Judges Appointment had approved the recommendations and the prime minister forwarded the same to the president for notification. But President Zardari did not give approval to nominations, questioning the composition of the JC that it was not valid because the ‘most senior’ judge of the IHC Justice Riaz Ahmad was not invited to attend the JC meeting on October 22.
On Thursday, the IHC Registrar confirmed to the bench hearing the petition of Nadeem Ahmad Advocate over the matter of confirmation and extension of two judges of the IHC that Justice Riaz Ahmed Khan had left Pakistan for Saudi Arabia on October 5 for Haj and came back on October 29.
The court observed that appointment of the judges issue could have been resolved if the attorney general had brought the facts over composition of the JCP into the knowledge of the authority concerned.
Justice Khilji Arif Hussain said that the most senior judge of the IHC had proceeded to perform Haj during the meeting of the JCP over appointment of the IHC two judges whereas Justice Anwar Muhammad Kasi attended the meeting as provided in the Constitution.
Attorney General Irfan Qadir, however, requested the court to consider the fact that issue of seniority of the IHC judges was taken up by the JCP or not, adding that the commission didn’t intimate the competent authority about the issue.
The AG sought three-day time for seeking instructions from the authority concerned over the issue saying that due to busy schedule of the president in D-8 Summit, it would be difficult to have consultation on the matter. The court, however, turned down his request saying the special bench was not available during next week.
Barrister Muhammad Akram Sheikh, the counsel for the petitioner, pleaded that IHC was dysfunctional due to non-issuance of the notification, adding that JCP had approved name of Justice Shaukat Aziz Siddiqui as a permanent judge whereas granted six-month extension to additional Judge Justice Noor-ul-Haq N Qurashi.
The learned counsel further informed the court that eight out of 11 members of the JCP elevated the IHC Chief Justice Iqbal Hameedur Rehman as a judge of the Supreme Court which was also approved by the parliamentary committee.
Attorney General Irfan Qadir submitted as to how Akram Sheikh came to know about details of in-camera proceedings of the JC. Akram Sheikh replied that he was informed by Leader of the Opposition in Senate about the internal proceedings.
Akram Sheikh contended that after the passage of 18th and 19th amendments, powers of the president and prime minister had been delegated to the parliamentary committee on appointment of judges.
During the hearing, former president IHC Bar Association Chaudhry Ashraf Gujar, Islamabad District Bar Association President Syed Javed Akbar Shah, Rawalpindi Bar Association’s President Sheikh Ahsan-ud-Din and other lawyers’ representatives submitted that the government in an unconstitutional conduct had made the IHC dysfunctional and the common litigants were suffering.
The advocates termed the government’s move as denial access to justice. Meanwhile, the court adjourned the hearing till today (Friday).
Hearing the petition pertaining to the appointment of two judges of the Islamabad High Court (IHC), the Supreme Court four-member bench, headed by Justice Khilji Arif Hussain, directed Attorney General for Pakistan (AGP) Irfan Qadir to inform the apex court on Friday (today) about the issuance of a notification regarding the appointment of two IHC judges after seeking instructions from the president.
The Judicial Commission had recommended confirmation of services of Justice Shaukat Aziz Siddiqui and six-month extension in the service of Justice Noor-ul-Haq N Qureshi and had sent it to the parliamentary committee for judges’ appointment for approval.
The Parliamentary Committee on Judges Appointment had approved the recommendations and the prime minister forwarded the same to the president for notification. But President Zardari did not give approval to nominations, questioning the composition of the JC that it was not valid because the ‘most senior’ judge of the IHC Justice Riaz Ahmad was not invited to attend the JC meeting on October 22.
On Thursday, the IHC Registrar confirmed to the bench hearing the petition of Nadeem Ahmad Advocate over the matter of confirmation and extension of two judges of the IHC that Justice Riaz Ahmed Khan had left Pakistan for Saudi Arabia on October 5 for Haj and came back on October 29.
The court observed that appointment of the judges issue could have been resolved if the attorney general had brought the facts over composition of the JCP into the knowledge of the authority concerned.
Justice Khilji Arif Hussain said that the most senior judge of the IHC had proceeded to perform Haj during the meeting of the JCP over appointment of the IHC two judges whereas Justice Anwar Muhammad Kasi attended the meeting as provided in the Constitution.
Attorney General Irfan Qadir, however, requested the court to consider the fact that issue of seniority of the IHC judges was taken up by the JCP or not, adding that the commission didn’t intimate the competent authority about the issue.
The AG sought three-day time for seeking instructions from the authority concerned over the issue saying that due to busy schedule of the president in D-8 Summit, it would be difficult to have consultation on the matter. The court, however, turned down his request saying the special bench was not available during next week.
Barrister Muhammad Akram Sheikh, the counsel for the petitioner, pleaded that IHC was dysfunctional due to non-issuance of the notification, adding that JCP had approved name of Justice Shaukat Aziz Siddiqui as a permanent judge whereas granted six-month extension to additional Judge Justice Noor-ul-Haq N Qurashi.
The learned counsel further informed the court that eight out of 11 members of the JCP elevated the IHC Chief Justice Iqbal Hameedur Rehman as a judge of the Supreme Court which was also approved by the parliamentary committee.
Attorney General Irfan Qadir submitted as to how Akram Sheikh came to know about details of in-camera proceedings of the JC. Akram Sheikh replied that he was informed by Leader of the Opposition in Senate about the internal proceedings.
Akram Sheikh contended that after the passage of 18th and 19th amendments, powers of the president and prime minister had been delegated to the parliamentary committee on appointment of judges.
During the hearing, former president IHC Bar Association Chaudhry Ashraf Gujar, Islamabad District Bar Association President Syed Javed Akbar Shah, Rawalpindi Bar Association’s President Sheikh Ahsan-ud-Din and other lawyers’ representatives submitted that the government in an unconstitutional conduct had made the IHC dysfunctional and the common litigants were suffering.
The advocates termed the government’s move as denial access to justice. Meanwhile, the court adjourned the hearing till today (Friday).
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