Illegal appointments: Reference against Justice Kasi expected to be filed today

IHCBA secretary general to file reference before SJC for initiating action against high court’s chief justice

ISLAMABAD: A senior official of a top lawyers’ body in the capital has decided to take legal action against the incumbent chief justice of Islamabad High Court (IHC) over his alleged “misconduct” and for violating “his oath of office.”

In this regard, the lawyer is set to file a reference in the Supreme Judicial Council against the judge today (Friday).

While referring to the Supreme Court’s September 26 verdict in which 74 illegal appointments in the IHC were annulled cases, Islamabad High Court Bar Association’s (IHCBA) General Secretary,  Waqas Malik said on Thursday that the verdict had left no scope for any other interpretation except that the IHC Chief Justice Muhammad Anwar Khan Kasi had violated his oath.

While addressing a press conference at bar room in IHC, he announced that he would file the reference against Justice Kasi before SJC under Article 209 of the Constitution.

While talking to The Express Tribune, Malik said that he had already provided a copy of the reference to Justice Kasi, a requirement before formally filing an official complaint before the SJC – the apex forum for accountability of judges.

On September 26, the Supreme Court had declared the appointments made in the IHC since 2011 onwards as null and void, with the ruling that these appointments were made without following the codal formalities of competitive process.

While declaring the appointments illegal, the apex court had observed that if the competent authority itself started cherry picking by deliberately ignoring and overlooking meritorious candidates in appointment, the image of the institution would be tainted beyond repair.

In his reference, Malik has cited different observations in the verdict to support his claim that IHC CJ allegedly violated his oath.

The IHCBA secretary general said that Justice Kasi’s brother, Idrees Khan Kasi, had been given the charge of the additional registrar of the court while the incumbent chief justice, had also allegedly facilitated other illegal appointments.

“Besides making certain illegal appointments, the chief justice used his undue influence to secure illegal appointment for his younger brother,” Malik stated in the reference.

While addressing the matter related to the appointment of Idrees, the SC  had  stated in paragraph 30 of its judgment that “the incumbent Chief Justice was nevertheless a judge in the Islamabad High Court and could have exercised influence for the appointment of his brother.”

In Paragraph 71, the apex court noted that Idrees was directly appointed without advertising the post of deputy registrar, which was meant to be filled by promotion in April 2012.

“It is impossible that even a year after the establishment of the IHC, there was no other deserving candidate who could be appointed on this post on promotion or transfer basis, that too without advertisement and treating him as the sole candidate for this post,” the three member bench of the SC stated in their verdict.

Malik has prayed the SJC to proceed against Justice Kasi under Article 209 of the Constitution and remove him from the portfolio of the chief justice and office of the high court.

He has also requested to restrain the respondent from performing his functions and duties as chief justice IHC till the final decision of the reference.

Published in The Express Tribune, October 14^th, 2016.