ISLAMABAD - The Supreme Court has fixed for hearing an application challenging the registrar’s objection on a petition against the appointment of Justice Mian Gul Hassan Aurangzeb as Islamabad High Court judge.

Chief Justice Mian Saqib Nisar will hear the appeal on May 3 in his chamber.

Petitioner, advocate Ali Azeem Afridi, has challenged the appointment Justice Aurangzeb which was objected by the top court’s registrar.

Afridi has stated that IHC judge Athar Minallah has already filled the seat from Khyber-Pakhtunkhwa (KP) and another person (Justice Aurangzeb) could not be appointed from the same province in IHC, impinging on the rights of others FATA.

He has taken the stance that certain appointments were made in the IHC including the appointment of Justice Aurangzeb against a vacancy reserved for a qualified person hailing from FATA in disregard of the law governing the subject at hand.

He has stated that the appointment was not only in violation of Article 1 of the Constitution but also in violation of Section 3 of IHC Act 2010. 

The petitioner has requested the top court to declare the appointment of Justice Aurangzeb as judge of IHC against the Constitution and law.

It has also been prayed that the case of those involved in such an appointment be referred to the Supreme Judicial Council (SJC).

Advocate Afridi has made justice Aurangzeb, the Judicial Commission of Pakistan), the Parliamentary Committee, the president, the prime minister, the KP Bar Council, the Ministry of Law and Justice and the SJC as respondents.

“Allowing the cherry-picking on the part of respondent No 2 (JCP) would ultimately lead to the distrust of the public in the judicial institutions of the country,” the petition has stated adding that the commission’s proceedings were subject to judicial review.

It said that no person could be treated dissimilarly let alone the people of FATA aiming at securing high positions at the national level for the betterment of the people of Pakistan.

“The JCP has purportedly overlooked the law governing the subject matter which itself speaks volumes of malice and mala fide on their part, depriving qualified persons hailing from FATA at the cost of belittling the cause of a federal republic, hence requires the interference of the court,” the petition said.

The petitioner further alleged that the JCP time and again flouted the law just to benefit Justice Aurangzeb.

“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 (JCP) by introducing respondent No1 (Justice Aurangzeb) at IHC in violation of the Constitution and the law having wide-spread repercussions as to the involvement of dignitaries upsetting the constitutional ethos of the state of Islamic Republic of Pakistan,” it added.

It further said that section 3 of IHC Act 2010 states that this court shall consist of a chief justice and six other judges to be appointed from the provinces and other territories of the country including Fata.