The Supreme Court has issued notice to the Attorney General on a petition challenging the validity of appointment of the Acting Chief Justice of Pakistan Justice Rana Bhagwandas filed by journalist Shahid Orakzai.
In his petition, Orakzai has raised a number of constitutional points as whether a non-Muslim could be appointed Chief Justice of Pakistan, whether the interpretation of Article 209, 210, & 211 relating to the Supreme Judicial Council is the responsibility of the Supreme Court or SJC. Etc.
The court pointed out that under article 177 of the constitution, there is no bar on a non-Muslim judge to be appointed as Chief Justice of Pakistan. The 3-member bench headed by Justice Javed Iqbal issued notice to the Attorney General for interpretation of various articles of the constitution including 41, 177,178, 245,217 and 146.