Pakistan has witnessed a direct conflict between President Asif Ali Zardari and the federal government over High Court judge appointments. According to a Dawn report, the government is considering issuing appointment notifications without the president’s formal approval. In July, the Judicial Commission of Pakistan (JCP) recommended appointing 19 additional judges in different High Courts.
The JCP also decided to confirm four additional judges of the Peshawar High Court and one judge of the Lahore High Court. Furthermore, it approved extending the tenure of a Sindh High Court judge. However, President Zardari has not approved the summary yet. Therefore, the law ministry has not issued the appointment notification.
Government Points To Constitutional Deadline
Government sources said Article 48(1) of the Constitution requires the president to act within two weeks after receiving the proposal. Since this period has ended, the government believes it can issue the notification itself. Meanwhile, sources from the president’s office warned that bypassing the process could create political and legal complications.
The president’s office suggested resolving the matter through discussions between the president and prime minister. However, the delay has already affected judicial functioning. Four additional Peshawar High Court judges left office after their terms ended on August 4. Similarly, a Sindh High Court judge completed tenure on July 29.
An Islamabad High Court petition has also challenged the delay. The court has reserved its decision on the matter. Meanwhile, Law Minister Aqeel Malik said the government would resolve the issue within constitutional limits.
Court Petition Seeks Action On Judicial Recommendations
Lawyer Luqman Zafar Chaudhry filed the petition through his lawyer Zahid Asif Chaudhry. The petition requested the court to direct the president to approve the summary sent by the prime minister. The summary concerned judicial appointments recommended by the JCP.
Justice Arbab Muhammad Tahir heard the petition on Thursday. During the hearing, the petitioner’s lawyer argued that the JCP recommended appointments during meetings held on July 20 and 21.
The lawyer stated that 15 days had passed, yet the president had not approved the summary. He also informed the court about reports suggesting the government could issue appointment notifications within the next 48 hours.
