PESHAWAR: A Peshawar High Court (PHC) bench has issued notifications to the court’s chief justice via his principal staff, its administrative committee and provincial government in a petition challenging the decision to appoint the court’s registrar and additional registrar from the bureaucracy, a local news outlet reported.
The petitioner argued that the appointments were a violation of the constitution as they went against the principle of separation of powers between the executive and the judiciary. The court was also urged to declare unconstitutional an amendment made last year to allow civil servants to be appointed as registrars. In addition, the administrative committee of the high court should be tried for committing contempt of court as the Supreme Court has already passed judgement on this matter, the petitioner said.
The rules for the appointment of registrars was laid down in PHC Ministerial Establishment (Appointment and Conditions of Service) Rules in 1989. As such, any appointment of the registrar must be made by transferring a district or sessions judge and transfer of an additional district and sessions judge for the post of assistant registrar. A promotion is also allowed given it is on merit.
The rules regarding the appointment of registrars laid down in 1989 were amended on January 27, 2017, only to ensure that a group of like-minded individuals in the bureaucracy could benefit.
The Registrar Muhammad Saleem Khan, Additional Registrar Zakaullah Khattak, the high court administrative committee through the registrar, the PHC chief justice through principal staff officer, provincial government through the law secretary and the Supreme Judicial Council are the respondents in the case.