The Supreme Court on Friday deferred proceedings for an indefinite period on the issue of appointment of Islamabad High Court judges on the insistence of the attorney general for Pakistan, who wanted to argue the review plea moved by the federation.
A five-member special bench headed by Justice Khilji Arif Hussain deferred the proceedings on a contempt plea moved by Advocate Nadeem Ahmed, the petitioner.
During the course of the proceedings, Justice Hussain told the parties that the plea had become infructuous as the notification for the appointment of two judges of the Islamabad High Court was issued by the authorities concerned.
“Similarly, a review plea moved by federation also became ineffective,” he said. Attorney General for Pakistan (AG) Irfan Qadir said he would like to press with the review plea. He said it was moved against the short order on the basis of two reasons, firstly, to secure the right of appeal and secondly to avoid contempt proceedings.
Justice Hussain told him that the court’s directive had been compiled with as notification was issued. The AG insisted that the hearing on the review might be deferred until the issuance of a detailed verdict. Mian Abdul Rauf apprised the bench that Akram Shaikh, counsel for the petitioner, had also requested for adjournment. The bench adjourned further proceedings until a date in office. The federation had moved a plea under Article 188 of the constitution, seeking a review of the court’s short order of December 21, last in which it had directed the respondents to issue notification regarding appointment of Justice Shaukat Aziz Siddiqui as permanent and six months extension period to additional judge, Justice Noorul Haq Qureshi. The federation had contended that under Article 177 and 193, read with clause 13 of Article 175-A of the constitution, only the president was empowered to make the appointment of judges, as mandated by Article 48 (2) to act in his discretion. It said the constitution did not assign judges of the superior courts with the role over the appointment or removal of their brother judges.
