The Sindh High Court (SHC) issued notices to the federal law ministry and the attorney general of Pakistan on Tuesday, seeking their explanation over the addition of government’s representatives – federal law minister and attorney general – in the judicial commission for appointment of upper judiciary judges.
A division bench including of SHC Chief Justice Mushir Alam and Justice Salman Hamid heard a constitutional petition, filed by Human Rights Commission for South Asia representative Syed Iqbal Kazmi, challenging the inclusion of law minister and attorney general in the judicial commission formed to appoint judges in apex courts.
Earlier, after hearing preliminary arguments from the petitioner, the bench issued the directive to the respondents for submitting their comments before the court in the next hearing, which will be fixed later.
Terming the inclusion of government representatives in the judicial commission as unconstitutional, the petitioner had submitted that it violated Article 175 (3) of the constitution.
“According to the constitution, the judiciary is an independent institution and has the constitutional rights to run its affairs independently and without interference from any other institution,” he stated.
The plaintiff submitted that the law minister and the attorney general are parts of the government administration and not the judiciary; and they should not be given representation in the commission to appoint judges.
He further stated that the formation of current judicial commission is disputed and in violation of the constitution, as Article 175 (A) included through the 18th Amendment Act 2010 in the constitution, clashes with Article 175 (3) over the appointment of judges.
The plaintiff submitted that a full bench should be constituted to hear the petition and resolve disputes in a constitutional way.
He stated that according to the constitution, no new article can be added that clashes with another article. However, if there is need to promulgate a new clause but it clashes with another clause, the disputed clause must be amended through legislation, he added.
