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CJP refuses to entertain petition against appointment of IHC judge
By Hasnaat Malik
Published: May 3, 2018
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Chief Justice of Pakistan Mian Saqib Nisar. PHOTO:EXPRESS
ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar has refused to entertain a petition against the appointment of a judge in the Islamabad High Court.
The son of a former Islamabad High Court 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.
Advocate Ali Azim Afridi had filed a constitutional petition against the appointment, and the respondents in the petition are Justice Mian Gul Hassan Aurangzeb and secretaries of from the government of Pakistan. Later, SC registrar office returned the petition by raising objections to it.
CJP forms special bench to hear petition of IHC judge accused of misconduct
Afridi challenged the objections raised by the registrar office and filed an appeal which was fixed for hearing before the CJP in his chamber.
The applicant requested the CJP that since he was a member of JCP in 2016 when the IHC judge was appointed, therefore, he should not hear his plea. However, the CJP rejected his plea.
According to the petitioner, the judge does not belong to the Federally Administered Tribal Areas (Fata) division. The petition states that for the sake of brevity and information, IHC judge hails from K-P, which is obvious from the record submitted before the President of Pakistan and cannot be considered for the position reserved for qualified persons of Fata.
Ex-SC judges ‘enjoying more perks, security than permitted’
Another nominee for the post, Athar Minallah, from Khyber Pakhtunkhwa, was nominated against the vacancy reserved for K-P, which was left by the retirement of Justice Riaz Ahmed Khan.
The petition stated that the appointment of Aurangzeb is uncalled for and be declared against the constitution and law. “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 Islamic Republic of Pakistan, which allows equal opportunity for the advocates and district judges.
Former CJP ready to handover bulletproof car after IHC order
It is stated that the proceedings of Judicial Commission of Pakistan are subject to judicial review. It is a cardinal principle of law and justice that “what cannot be done directly cannot be done indirectly.”
“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.”
By Hasnaat Malik
Published: May 3, 2018
3SHARES
SHARE TWEET EMAIL
Chief Justice of Pakistan Mian Saqib Nisar. PHOTO:EXPRESS
ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar has refused to entertain a petition against the appointment of a judge in the Islamabad High Court.
The son of a former Islamabad High Court 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.
Advocate Ali Azim Afridi had filed a constitutional petition against the appointment, and the respondents in the petition are Justice Mian Gul Hassan Aurangzeb and secretaries of from the government of Pakistan. Later, SC registrar office returned the petition by raising objections to it.
CJP forms special bench to hear petition of IHC judge accused of misconduct
Afridi challenged the objections raised by the registrar office and filed an appeal which was fixed for hearing before the CJP in his chamber.
The applicant requested the CJP that since he was a member of JCP in 2016 when the IHC judge was appointed, therefore, he should not hear his plea. However, the CJP rejected his plea.
According to the petitioner, the judge does not belong to the Federally Administered Tribal Areas (Fata) division. The petition states that for the sake of brevity and information, IHC judge hails from K-P, which is obvious from the record submitted before the President of Pakistan and cannot be considered for the position reserved for qualified persons of Fata.
Ex-SC judges ‘enjoying more perks, security than permitted’
Another nominee for the post, Athar Minallah, from Khyber Pakhtunkhwa, was nominated against the vacancy reserved for K-P, which was left by the retirement of Justice Riaz Ahmed Khan.
The petition stated that the appointment of Aurangzeb is uncalled for and be declared against the constitution and law. “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 Islamic Republic of Pakistan, which allows equal opportunity for the advocates and district judges.
Former CJP ready to handover bulletproof car after IHC order
It is stated that the proceedings of Judicial Commission of Pakistan are subject to judicial review. It is a cardinal principle of law and justice that “what cannot be done directly cannot be done indirectly.”
“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.”
