Appointment of IHC judges --- SC orders govt to issue notification

ISLAMABAD: The High court has directed the government to issue notifications of appointment of two Islamabad Supreme court (IHC) judges – Shaukat Aziz Siddiqui and Noorul Haq N Qureshi – as judge and extra judge from the heart. IHC, respectively, for half a year with effect in the date of expiry of these earlier notifications.
A five-member bench with the heart. apex court, headed Justice Khilji Arif Hussain on December 14 after hearing the arguments of Wasim Sajjad, counsel for federation, Attorney General for Pakistan Irfan Qadir, amici curiae former attorney general Makhdoom Ali Khan and Khwaja Haris, former advocate general Punjab and Akram Sheikh, counsel of petitioner had reserved the judgement.
Justice Khilji Arif Hussain has authored both-page judgement. The judgement says it would appear that the Judicial Commission of Pakistan (JCP) rolling around in its meeting on 22.10.2012, beneath Article 175A of the heart. constitution, recommended Shaukat Aziz Siddiqui being a permanent judge and Noorul Haq N Qureshi as a possible additional judge of IHC for six months through the date of expiry with their tenure to supplement judges with the heart. supreme court.
The Parliamentary Committee (PC) on receipt of the JCP nominations, after unanimous confirmation, sent the situation on the chancellor for forwarding for the president for appointment. The president apparently wouldn't issue orders for appointment allegedly because among the participants beyond ten wasn't qualified to attend the meeting with the heart. commission.
A legal court observed, “Were on the heart. view that whether or not the assumption is that certain in the heart. members, being non-entity sat, voted and took part in the proceedings culminating in nomination, but it may not vitiate the proceedings in the event the Judicial Commission in view of Clause 8 of Article 175A on the heart. Constitution has nominated by many its membership. We are supported in this view from the judgement reported as Manager, Sui Southern Gas service LTD, Karachi v. Ghulam Abbas yet others (PLD 2003 SC 724).”
Meanwhile, active lawyer Chaudhry Faisal Hussain has contended by using this short order, the State supreme court had reversed its July 31, 2009, decision, in which around 50 judges were removed simply because were appointed by having a wrong consultation the period. It truly is worth mentioning the federation had also filed a presidential reference, invoking a legal court’s advisory jurisdiction under Article 186 regarding the appointment of judges in superior judiciary, nevertheless the court has not yet given its opinion in this connection after reserving the judgement on December 14.
Meanwhile, the Top court has refused to entertain the Pakistan Bar Council and High court Bar Association’s separate petitions for becoming party inside presidential reference case given it has reserved its judgement on December 14. Good details, SCBA and PBC on Tuesday filed separate petitions inside the Supreme Court being parties within the president’s reference intended for the very last decision of the heart. Judicial Commission to the appointment on the heart. chief justice of Islamabad State supreme court.
It has to be noted that the superior bars have supported the questions of law raised by President Asif Ali Zardari in the reference, seeking judicial advice above the appointment on the heart. judges because on the heart. 18th and 19th amendments and a constitutional petition filed up against the delay of appointment of judges in the IHC.