CJP rejects plea against IHC judge’s appointment


–Petitioner had claimed that appointment of serving IHC judge Mian Gul Hassan Aurangzeb violated constitutional provision providing equal representation to all regions


ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Thursday refused to entertain a plea against a judge’s appointment in the Islamabad High Court (IHC).

Son of a former IHC judge had challenged the appointment of a serving IHC judge, Mian Gul Hassan Aurangzeb, on grounds that it violated the constitutional provision providing equal representation to all regions. The respondents in the petition are Justice Mian Gul Hassan Aurangzeb and the government of Pakistan. Later, the SC registrar office returned the plea by raising objections to it.

Afridi challenged the objections raised by the Registrar Office, requesting the CJP to not hear his plea since he was a member of JCP in 2016 when the IHC judge in question was appointed.

The CJP, however, rejected his plea.

Another nominee for the post, Athar Minallah, from Khyber Pakhtunkhwa, was nominated against the vacancy reserved for Khyber Pakhtunkhwa (KP), which was left by the retirement of Justice Riaz Ahmed Khan.

The petition stated, “No person could be treated unfairly, let alone the people of FATA, for aiming at securing high positions at the national level for the betterment of the people of Pakistan.”

It is also contended that the appointment of respondent No 1 is in violation of Article 193 of the Constitution of the Islamic Republic of Pakistan, which allows equal opportunity for the advocates and district judges.

“The issue at hand is of public importance as it involves questions with regard to adequate representation of the people hailing from FATA; taken for granted by respondent No 2 Judicial Commission of Pakistan by introducing respondent No 1 at Islamabad High Court in violation of the constitution and law,” it stated.