A reference was filed before the Supreme Judicial Council Friday with a plea to restrain the incumbent Chief Justice of the Islamabad High Court (IHC) Justice Muhammad Anwar Khan Kasi on the basis of apex court' recently announced verdict. General Secretary Islamabad High Court Bar Association Muhammad Waqas Malik on the basis of the Supreme Court judgement has filed the reference under Article 204 of the Constitution.
Before filing the reference, Malik had provided a copy of the document to IHC Chief Justice Muhammad Anwar Khan Kasi, which is a requirement under the law. On September 26, Supreme Court verdict, authored by Justice Amir Hani Muslim, declared that the IHC Chief Justice and the administration committee made appointments in high court in complete disregard of the Rules, framed under Article 208 of Constitution.
The Paragraph 71 of the judgement noted: "Idrees Kasi was appointed directly without advertisement on the post of Deputy Registrar on 17-04-2012, which is meant for promotion... It is impossible that even a year after the establishment of Islamabad High Court there was no other deserving candidate who could be appointed on this post on promotion or transfer basis that too without advertising and treating him sole candidate for the post."
The reference mentioned that during the late '90s Justice Rashid Aziz Khan and Justice Malik Qayyum had resigned after the Supreme Court made certain observations against them in the Cotecna case. The reference submitted that besides making certain illegal appointments, the Chief Justice Islamabad used undue influence for the illegal appointment of his younger brother, Idrees Khan Kasi, (in BPS-19 in the court).
The reference also quoted paragraph 85 of the judgement; "If the competent authority itself starts cherry picking by deliberately ignoring and overlooking meritorious candidates... the image of the institution will be tainted beyond repair. Such practice may lead to distrust of the public in the judicial institution of the country... We have already cited certain instances showing the mode and manner in which the appointments were made by abusing the authority." Malik requested the SJC to restrain Justice Kasi from performing his functions as the Chief Justice of the IHC till final decision on the reference.
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