ISLAMABAD: After delay in approval of the judges’ appointment summary sent to the President, the government has decided to move ahead according to the constitution, government sources said.
Consultations have been underway over issuance of the notification of the appointment of judges under the Article 48 and Article 175A (8). President has been bound to the advice of the prime minister under Article 48 of the constitution.
The President could return the summary of appointment of judges with objections within 15 days, but the president has yet to approve the Judicial Commission of Pakistan’s (JCP) recommendations or return the summary with objection.
Sources said that the President yet to return the summary to the prime minister with written object.
The 15 days’ timeline will be completed within current week, in case of objection from the president, the prime minister will dispatch a new summary to him and the summary will stand approved if the president wouldn’t sign it within 10 days, according to sources.
The summary would also be deemed approved if no objection raised by the president over the summary within 15 days.
The government will notify approval of the judges’ appointment in an order.
The appointment of 24 judges has been in pending approved by the JCP in two separate meetings, including recommendations for the appointment of three additional judges to the Islamabad High Court, 10 to the Lahore High Court (LHC), three to the Sindh High Court (SHC) and three to the Balochistan High Court (BHC). It also recommended the confirmation of four additional judges of the Peshawar High Court (PHC) and a six-month extension in the tenure of an additional judge of the SHC.
Meanwhile, a petition has been filed in the Islamabad High Court with regard to the delay in approval of a summary for appointment of judges in the IHC.
The petitioner sought the court order to the President’s secretary for approval of the summary of judges’ appointment.
Advocate Luqman Zafar has filed the petition through Zahid Asif Chaudhry Advocate.