President Zardari approves appointment, confirmation of several high court additional judges

President Asif Ali Zardari on Tuesday approved the appointment of additional judges and the confirmation of several existing additional judges in various high courts across the country.

According to a President House statement, the president approved the appointment of additional judges to the Lahore High Court, Sindh High Court, Peshawar High Court, Islamabad High Court, and Balochistan High Court.

He also approved the confirmation of additional judges of the Sindh High Court and the Lahore High Court as permanent judges.

In another decision, the president approved bringing the salaries, allowances, and pensions of Supreme Court judges at par with those of the judges of the Federal Constitutional Court.

He also approved amendments to the 1997 Order concerning the leave, pension, and privileges of High Court judges.

In a separate decision, President Zardari approved the appointment of Haroon Akhtar as the Adviser to the Prime Minister on Industries and Production.

The development comes a day after the Islamabad High Court directed the government to explain the constitutional consequences where advice tendered (for appointment of judges) remains pending for an indefinite period without either being acted upon or being returned for reconsideration within the period prescribed by the Constitution.

A single-judge bench of Justice Arbab Muhammad Tahir, who had reserved the verdict on the maintainability of the petition on August 6, on Monday announced the order. The IHC issued notices to the respondents directing them to file reports and para-wise comments. It also issued notice to the Attorney General for Pakistan under Order XXVII-A, CPC, to assist the Court.

On August 5, Luqman Zafar, through advocate Zahid Asif Chaudhry, filed a petition challenging President Zardari’s delay in approving a summary forwarded by the Prime Minister for the appointment and confirmation of additional judges of the High Courts. The petitioner has cited federation through Secretary Ministry of Law and Justice, Secretary to President of Pakistan, Principal Secretary to the Prime Minister, Secretary Judicial Commission of Pakistan (JCP) as respondents.

During Monday’s hearing, the petitioner’s counsel contended that Article 48(1) of the Constitution employed the expression “shall,” which cast a constitutional obligation upon the President to act on the advice of the Prime Minister.

The proviso to Article 48(1) allows the advice to be returned for reconsideration “within 15 days,” after which the President must act within ten days on the advice tendered after reconsideration.

The counsel relied on precedent to argue that the President was bound to act on the advice of the Prime Minister and could not convert the constitutional process into a power of indefinite deferral or veto.