An application challenging the formation of judicial commission by the Supreme Court to probe into the memo issue was filed in the Supreme Court on Monday. The applicant, Shahid Orakzai, contended that every judge of the high court had to seek leave of absence under the rules mentioned in Fifth Schedule and the chief justices of Balochistan and Sindh high courts did not do so and therefore, could not sit in Islamabad without such a leave.
He said that in absence of a chief justice, the president was duty bound under Article 196 to “appoint one of the other judges of the high court, or may request one of the judges of the Supreme Court, to act as the chief justice”, which also did not occur in this case.
