IHC seeks answers over delay in judicial appointments

Justice Arbab Muhammad Tahir issued notices to the president, the federal government and the attorney general on Monday while hearing a petition

ISLAMABAD: The Islamabad High Court (IHC) has asked the federal government to explain the constitutional implications of keeping Prime Minister Shehbaz Sharif’s advice on judicial appointments pending with President Asif Ali Zardari.

Justice Arbab Muhammad Tahir issued notices to the president, the federal government and the attorney general on Monday while hearing a petition challenging the delay in approving appointments to the superior courts.

The court also directed the respondents to submit separate concise reports detailing when the prime minister’s advice was sent to the president and what action had been taken on it. The case has been fixed for hearing on August 11.

The petition was filed by lawyer Luqman Zafar through his counsel Zahid Asif Chaudhry, who questioned the prolonged delay in completing the constitutional process for judicial appointments.

The Judicial Commission of Pakistan, headed by Chief Justice Yahya Afridi, had recommended 19 additional judges and the confirmation of five judges for the high courts during meetings held on July 20 and 21. The recommendations were subsequently forwarded by the prime minister to President Zardari for approval under Article 48 of the Constitution.

During Monday’s proceedings, the petitioner’s lawyer argued that the use of the word “shall” in Article 48(1) placed a constitutional duty on the president to act on the prime minister’s advice. He maintained that although the president could return the advice for reconsideration within the prescribed period, the Constitution did not permit an indefinite delay.

The counsel further argued that the delay was affecting the administration of justice at a time when the superior courts were already struggling with a growing backlog of cases. According to the petitioner, prolonged vacancies could also undermine the public’s constitutional right to timely access to justice.

Justice Tahir directed that notices be served through all available modes. Additional Attorney General Rashid Hafeez was also asked to ensure that the respondents provide the court with clear timelines regarding the submission and handling of the judicial appointments summary.

The presidential delay has already had consequences for the high courts. Four additional judges of the Peshawar High Court whose confirmation had been recommended by the Judicial Commission ceased to hold office on August 4 after their terms expired without formal notifications.

A similar situation arose in the Sindh High Court, where an additional judge left office after his extended tenure ended on July 29.

The oath-taking ceremony for the newly recommended judges had originally been scheduled for July 27 but was postponed indefinitely after the president neither approved the summary nor returned it for reconsideration.

With the matter now coming under judicial scrutiny, the Islamabad High Court is set to examine whether the continued delay in acting on the prime minister’s advice is constitutionally permissible.