The Islamabad High Court (IHC) has issued notices to the president and prime minister through their secretaries over the delay in approving a summary related to the appointment of new judges, seeking a response by tomorrow.
The notices were issued on a petition challenging President Asif Ali Zardari’s failure to approve the summary. The court also issued a notice to the Ministry of Law and sought its response by tomorrow.
The IHC questioned at what stage the summary was currently pending and sought clarification from the federal government regarding the delay.
The case was argued by Zaed Asif Chaudhry on behalf of petitioner Luqman Zafar. Justice Arbab Muhammad Tahir expressed strong displeasure with the federal government during the hearing.
Addressing Additional Attorney General Rashid Hafeez, Justice Arbab Muhammad Tahir questioned the federal government’s handling of the matter and asked whether it had any interest in resolving the issue.
The judge said the court had expected the federal government to fulfill its responsibility but that this had not happened.
Justice Arbab Muhammad Tahir asked at what stage the summary was pending and whether the government had any information about it. He also questioned what was happening with the appointment and confirmation of judges of the higher judiciary.
The judge noted that the Judicial Commission had approved the confirmation of judges of the Sindh and Peshawar high courts, but those matters had also been held up.
Justice Arbab Muhammad Tahir remarked that the summary could not simply be kept pending, noting that while 15 days had initially not passed, 18 days had now elapsed.
During arguments, lawyer Zaed Asif Chaudhry said the Constitution was clear about the matter and questioned what would happen once the stipulated period had passed. He argued that the president could not keep the summary pending indefinitely.
Additional Attorney General Rashid Hafeez said the president could no longer reject the summary.
Justice Arbab Muhammad Tahir said the issue of the president’s authority would be examined later, adding that the federal government should first explain what action it had taken after the 15-day period had elapsed.
The judge said the matter concerning the newly appointed judges of the Islamabad High Court remained pending.
The court sought the federal government’s response by tomorrow and adjourned the hearing.
