Presidential Delay Stalls Oath of Additional Judges for Four High Courts

The appointment of additional judges to four high courts has been delayed after the summary sent to President Asif Ali Zardari remained pending. The hold-up has postponed an oath-taking ceremony that had been scheduled for July 27.

The Judicial Commission of Pakistan (JCP), headed by Chief Justice Yahya Afridi, approved the nominations for the Islamabad, Lahore, Sindh, and Balochistan high courts at meetings held on July 20 and 21. Under Article 175A of the Constitution, the commission nominates one person against each vacancy and sends its recommendations to the prime minister, who then advises the president to make the appointments.

With the executive side of the process completed, legal and judicial circles have expressed concern over the delay. Senior legal aides have conveyed reservations to President Zardari about some of the nominees, including concerns that a couple of judges-designate had been booked in criminal cases.

The government is now examining whether Article 48 of the Constitution can be invoked if the hold-up continues. Officials in the law ministry are said to be hopeful that the matter can be resolved amicably, while also maintaining that constitutional alternatives exist if needed.

Officials in the Presidency, however, have argued that Article 48 also empowers the president and does not prescribe a time limit for such appointments. They pointed to clause 2, which says the “President shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so.”

Legal experts say the Supreme Court has previously held that the president does not have discretion in the appointment of superior court judges and must act on the prime minister's advice. Asked about the delay, presidential spokesperson Murtaza Solangi said the appointments would proceed “in due time.”

For the Islamabad High Court (IHC), the JCP recommended Ayyaz Shaukat, Shahrukh Arjumand, and Umair Majeed Malik. For the Sindh High Court (SHC), it recommended Humayon Khan, Suresh Kumar, and Dr. Shah Nawaz Memon, while leaving two seats vacant. The commission also recommended 10 judges for the Lahore High Court (LHC).

People familiar with the commission's deliberations said there had been disagreement during the meetings over some candidates.