Appointment of IHC judges: AGP asked to apprise SC about notification

23 Nov, 2012

The Supreme Court on Thursday directed Attorney General for Pakistan (AGP) Irfan Qadir to apprise the court today (Friday) over issuance of notification regarding appointment of two judges of Islamabad High Court (IHC) after he consulted the President.
A four-judge bench headed by Justice Khilji Arif Hussain resumed the hearing of a petition of Nadeem Ahmad Advocate over the matter of confirmation and extension of two IHC judges whose appointments were recommended by the Judicial Commission of Pakistan (JCP) on October 22, 2012 as well as approved by the Parliamentary Committee.
During the course of hearing, the bench observed that the appointment of judges issue would have been resolved had the AGP brought the facts about the composition of JCP into the knowledge of the concerned authority. Justice Khilji Arif Hussain said Justice Riaz Ahmed Khan, the most senior judge of IHC, had gone for Hajj due to which he could not attend the JCP meeting held for the appointment of two IHC judge.
He said that under the constitutional provision, the available senior judge, Justice Anwar Muhammad Kasi, attended the meeting. Irfan Qadir sought three days to consult the President on the issue, citing his busy schedule due to D-8 Summit. However, the bench turned down his request, saying special bench would not be available during next week.
During the course of proceedings, Akram Sheikh, the counsel for the petitioner, pleaded that IHC was non-functional due to non-issuance of the notification of judges, adding that JCP had approved the name of Justice Shaukat Aziz Siddique as permanent judge besides giving a six-month extension to additional judge Justice Noor ul Haq Qadri. Later, the bench adjourned the hearing of case till November 23 (today).

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