ISLAMABAD: The Supreme Court on Thursday directed the Attorney General for Pakistan to ensure that the Federation and the Parliamentary Committee should be represented during the next proceedings as they had been made respondents in a case related to the rejection of names of four additional judges of the Lahore High Court by the latter.
The SC bench comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S. Khawja, Justice Khilji Arif Hussain and Justice Tariq Parvez resumed hearing of a constitutional petition filed by Munir Hussain Bhatti Advocate and Kamran Murtaza Advocate.
The bench expressed its annoyance over the response of the officials concerned of the Committee for not receiving the notice issued on last hearing.
Attorney General for Pakistan Molvi Anwarul Haq apprised the bench that reasons for rejection of four names of additional judges of Lahore High Court by the Parliamentary Committee had been submitted with Secretary of Judicial Commission.
To a bench's query regarding citation of reasons for rejection, the AG said that being a member of the Judicial Commission, he could not appear in the case.
When the bench was told that the Secretary of Parliamentary Committee could not receive the notice, Justice Mahmood Akhtar Siddiqui remarked that the whole country knew about the notice through media, but the person concerned was in the dark which appeared strange.
Reading remarks written on the notice said that Irshad, a clerk to the secretary, had refused to accept it, Justice Jawwad S. Khawaja said that it was a high degree of seriousness.
"If they have such reply, then we will proceed as ex-parte but at the same time we want to hear their view point as we have recognized our responsibility," he added.
He requested the Attorney General to take up the issue with the quarters concerned as they wanted to know their contentions as well.
Makhdoom Ali Khan, counsel for the petitioners, stated that the deliberations of the Parliamentary Committee were made in camera but the reasons could be made available to him.
"A new transition system is in place which will be smoothed with the passage of time and once a number of appointments are made," Justice Khajwa observed.
Further hearing was adjourned till March 1.
A two-Judge bench on February 17 in its interim order had suspended the recommendations of the Parliamentary Committee.
Their counsel had contended that the names were scrutinized in detail by the Judicial Commission and forwarded / recommended extension in service of 24 judges of the LHC for one year period to the Parliamentary Committee but the latter endorsed the recommendations for only 20 judges while rejecting the names of four others, including Justice Muhammad Yawar Ali, Justice Syed Mazahir Ali Akbar Naqvi, Justice Mahmood Rashid Sheikh and Justice Muhammad Farrakuh Irfan Khan.
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