SC orders HCs additional judges to continue work

ISLAMABAD A full court bench of the Supreme Court on Monday ordered the 32 additional judges of the four high courts to continue working until the final decision in 18th Amendment case is announced. The apex courts order came as high courts chief justices had earlier written to the Chief Justice over a possible judicial crisis regarding appointment of judges in the High Courts (to be completed by September 5) as approved in the 18th Amendment. Appreciating the assistance of Attorney General Maulvi Anwarul Haq, Supreme Court directed the additional judges of the provincial high courts to perform their duties until the matter is decided. The apex court revived Wukla Mahaz case to avoid any constitutional complications while providing interim relief. The court also disposed of constitutional petitions of the Supreme Court Bar Court and Balochistan High Court Bar Associations. Earlier, Attorney General informed the 17-member bench, which is hearing the various constitutional provisions challenging 18th Amendment, particularly the formulation of Judicial Commission for appointment of judges in the superior judiciary, that a parliamentary committee would be formed but after a judgement by the apex court since the matter was subjudice. The attorney general remarked, as law officer of the court his suggestion was that the court without suspending constitutional provisions should pass an order in that regard. On this the Chief Justice remarked that the Supreme Court had been hearing the case for the last three months. Justice Nasir-ul-Mulk asked the AG what he, not in his capacity as the representative of the federation but as chief law officer of the court, was suggesting for the solution to the judicial crisis in the provinces. Justice Saqib Nisar said yet the rules for the Judicial Commission and the Parliamentary Committee had to be framed and the bar council elections in the Balochistan High Court would not be held soon. The judges appreciated the AGs stance and said it was very courageous statement made by him. The chief justices of all the four high courts through a letter informed the Chief Justice about the dates when the tenure of the additional judges in the respective high courts would come to an end. It is further requested in the letter that necessary steps should be taken so that additional judges could continue their duties. In Balochistan High Court term of four judges Justice Jamal Khan Mandokhail, Justice Tahira Safdar, Justice Muhammad Noor Meskanzai and Justice Ghulam Mustafa Mengal will expire on Sept 5. In Khyber Pakhtunkhwa High Court seven judges namely Justice Abdul Aziz Kundi, Justice Fasih-ul-Mulk, Justice Liaquat Ali Shah, Justice Mazhar Alam Minakhel, Justice Attaullah Khan, Justice Mohammad Safdar Khan and Justice Miftahuddin Khan tenure will complete their term on September 6. Likewise in Sindh High Court nine judges including Justice Bhajandas Dejwani, Justice Shahid Ali Bajwa, Justice Ghulam Sarwar Korai, Justice Miss Rukhsana Ahmed, Justice Tufail H Ebrahim, Justice Ahmed Ali Sheikh, Justice Irfan Sadat Khan, Justice Aqeel Ahmed Abbasi and Justice Munib Akhtar would complete their term on September 25 while in Lahore High Court 12 judges including Justice Asad Munir, Justice Saghir Ahmed Qadri, Justice Mansoor Akbar Kokab, Justice Nasir Saeed Sheikh, Justice Hafiz Abdul Rehman Ansari, Justice S H. Nizam-ul-Hassan, Justice Tariq Javed, Justice K H Imtiaz Ahmed, Justice Manzoor Malik, Justice Sardar Tariq Masood, Justice Ejaz-ul-Ahsan and Justice Syed Manzoor Ali Shah will complete their term on September 15. To settle the judicial crisis and to get a provisional order the SCBA filed petition for the suspension of the constitutional provision. In its written order the court mentioned, The letter proceeded by the learned CJs could not be taken on administrative side because the case was subjudice in the Supreme Court therefore they, through SC registrar office filed the petitions, requesting for relief. According to the Attorney General in two to three days the government is about to formulate the Parliamentary Committee. He also stated that suspension of constitutional provision could not be possible, while Rashid A Rizvi and SCBA President Qazir Anwar insisted passing the interim order to avoid legal and constitutional complications praying that the tenure of the said additional judges should be extended for one year. The chief justice while passing the order said that the court had heard attorney general, counsels for SCBA and BHCBA and the content of the letters written by the CJs of the high courts. The courts written order said that it was not first time that the apex courts hearing a case related to the constitutional vires and it has been called upon to pass an interim order. The court observed that in Wukla Mahaz case PLD 1998 SC 1,263 the court granted interim relief.