SC to announce long-delayed verdict on Monday

Judgment in IHC illegal appointment case was reserved since May

ISLAMABAD: Dozens of employees of the Islamabad High Court wait with baited breaths as the Supreme Court gets ready to announce its verdict on the alleged ‘illegal’ appointments in the IHC.

The much awaited decision is expected to be announced on Monday after the registrar office of the apex court fixed the date for pronouncing judgment on Friday. The apex court’s bench comprising Justice Amir Hani Muslim, Justice Mushir Alam and Justice Dost Mohammad Khan will announce judgment.

The SC’s judgment has been reserved for the past four months after all contending parties had concluded their arguments in May.

Islamabad-based lawyer Chaudhry Mohammad Akram, through former Punjab Bar Council vice chairman Mohammad Arif Chaudhry, had filed a petition in December 2013 against 74 appointments in the IHC, made in phases from 2011 to the end of 2012.

At least two people who were appointed to the superior court were close relatives of sitting judges. The petitioner had listed the IHC registrar, deputy registrar Idrees Khan Kasi and 73 other officials as respondents.

In its report, the Accountant General of Pakistan- Revenue (AGPR) had stated that all the appointments made in the IHC, whether through fresh recruitment or on deputation, violated rules and criteria.

Scrutinising files of the appointees in question, the auditors observed that “not a single appointment” was made on merit and that the rules had been relaxed in many cases while some officers were appointed on higher positions or salaries than what they were getting in their parent departments. The report also observed that 11 deputationists had been absorbed in violation of the rules and were promoted at least twice.

“For the first time in the judicial history of Pakistan a petition was filed against a high court in the Supreme Court and finally a decision is about to come,” Chaudhry said while talking to The Express Tribune.

He added that many could lose their jobs should the court decide so.

Chaudhry said that he fought the case for almost four years and argued at length before the bench that no one can be appointed to the court without following due process. He hoped that the appointments would be declared as “illegal”, setting a precedent for many.

Staffers at the IHC were also anxious about the verdict.

“All eyes are on the decision,” said one nervous employee of the IHC who did not wish to be named. He said it would be interesting to see what happens to those appointed without following due process.

The SC will also decide the fate of IHC’s ex-additional registrar Aijaz Ahmed, who was forced to retire for opposing ‘irregular’ appointments.

Published in The Express Tribune, September 24^th, 2016.