The Islamabad High Court (IHC) on Monday issued notices to the federal government and the Ministry of Law and Justice, seeking written reports on the delay by the president in approving summaries for the appointment of judges to the IHC and provincial high courts.

Justice Arbab Muhammad Tahir directed the deputy attorney general to ensure that the federal government and the ministry submit brief reports specifying the date on which the prime minister sent the summary for the appointment of judges to the president.

The court also directed them to explain whether any action had been taken on the summary and, if so, what action was taken. It further sought an explanation of the constitutional consequences of keeping a summary for the appointment of judges pending for an indefinite period.

The court also issued a notice to Attorney General for Pakistan (AGP) Mansoor Usman Awan to assist it as amicus curiae in the matter. Justice Tahir heard a petition challenging the president’s failure to approve the summary for the appointment of new judges to the IHC and other provincial high courts.

On July 21, the PPP failed to secure approval for any of its preferred nominees for appointment as high court judges, as the Judicial Commission of Pakistan (JCP) cleared 19 appointments and confirmations across four high courts during meetings chaired by Chief Justice of Pakistan Yahya Afridi.

President Asif Ali Zardari, who is a co-chairman of the PPP, has not signed the summary so far, further straining relations between the coalition partners, the PPP and the PML-N. A petition, Luqman Zafar, later approached the IHC against the delay.

The arguments

During the hearing, Justice Tahir addressed the additional attorney general (AAG) and expressed concern over the federal government’s handling of the matter.

“We thought the federal government would fulfil its responsibility but that did not happen,” the judge remarked, questioning what the government was doing and observing that it appeared to have no interest in the matter.

“What is happening with the appointment of judges of the superior judiciary? At what stage is the summary for the appointment of judges? Do you know anything?” the court asked.

The judge observed that the confirmation of judges for the Sindh and Peshawar high courts had also been held up. “A summary cannot simply be kept pending like this,” Justice Arbab remarked, adding that initially 15 days had not elapsed, but 18 days had now passed.

The AAG submitted that the president could no longer even reject the summary.

Advocate Zahid Asif Chaudhry, representing the petitioner, argued that despite considerable time having elapsed, the president had not decided on the advice sent by the prime minister.

He contended that the Constitution places a duty on the president to act on the prime minister’s advice and that the president could return the advice for reconsideration within 15 days.

According to the counsel, the constitutional period had already expired, but neither had the prime minister’s advice been acted upon nor had it been returned for reconsideration.

He argued that the president’s inaction was beyond the Constitution and could undermine the purpose of Article 175-A, which governs the constitutional mechanism relating to judicial appointments.

The counsel maintained that the president was bound to act on the prime minister’s advice.

“The Constitution is an integrated document and its various provisions should be interpreted in a manner that gives effect to every provision rather than rendering any constitutional provision ineffective,” he added.

The lawyer also stressed that prolonged delay in the appointment process was adversely affecting the administration of justice and the people’s fundamental right of access to justice, particularly when the superior courts were already facing an increasing backlog of cases.

The IHC is going to resume hearing of the case today (Tuesday).