A constitutional petition has been filed before the Supreme Court challenging the recent appointments of two Lahore High Court (LHC) judges to the apex court and selection of two retired sessions judges as LHC judges. The petition was filed by Watan Party through its chairman Zafar Ullah Khan in which he said as per Al-Jahad Trust case 1996 the most senior LHC judge has legitimate expectancy to be appointed as LHC chief justice.
Following the principles set in the case, President of Pakistan had appointed Justice Saqib Nisar as acting LHC CJ while Justice Muhammad Khawaja Sharif was elevated to SC. But both judges declined to accept their appointments and they stood retired in term of article 206(2) of the constitution. He said appointment of two retired sessions judges, Nasim Akhtar and Ahmad Farooq Shaikh, was in LHC against the article 193(2)(b).
He, therefore, prayed to the court to direct the respondent government to issue fresh notifications about judges' appointment. He also requested the court to revisit Al-Jahad Trust case and unrestrained judicial activism in suo motu might not be exercised.
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