ISLAMABAD: 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 Asif Ali 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.
It was further argued that the prolonged delay in implementing judicial appointments adversely impacted the administration of justice and affected the fundamental right of the public to timely access to justice, particularly when the superior courts are already burdened with an increasing backlog of cases.
Justice Tahir directed that notices be served through all modes of service, and Additional Attorney General Rashid Hafeez was directed to ensure that the respondents filed separate concise reports explaining the dates on which the advice was submitted to the President and the action, if any, taken thereon. The case was listed for further hearing today (August 11).
The JCP on July 20 and 21 had recommended the appointments of 19 additional judges and the confirmation of five judges to the Islamabad, Lahore, Sindh, Balochistan and Peshawar high courts. Following that, a summary was sent to the Presidentfor approval.
The delay has already created practical complications. Four additional judges of the Peshawar High Court (PHC), whose confirmations were recommended by the JCP, ceased to hold office after their tenure expired on August 4 due to the absence of formal notifications.
Similarly, an additional judge of the Sindh High Court (SHC), whose term was extended by six months, relinquished office after his tenure expired on July 29.
The oath-taking ceremony for the newly recommended judges was scheduled for July 27 but was indefinitely postponed after President Zardari neither granted assent to the summary nor returned it, allegedly holding it “without any legal justification.
Copyright Business Recorder, 2026