Judges’ extension: SC throws out petition seeking contempt action

Parliamentary committee also gives approval.

ISLAMABAD:

The Supreme Court on Wednesday threw out a petition recommending contempt-of-court notices to the government for violating orders and directing it to notify the service extension of six additional judges.

The petition’s fate rested on the government’s confirmation of the additional judges which finally came before the court-imposed 48-hour deadline expired.

President Asif Ali Zardari, acting on the advice of the prime minister, signed the summary for granting one-year extension in the tenure of four Lahore High Court and two Sindh High Court additional judges late in the night. On the Supreme Court’s order Attorney General Maulvi Anwarul Haq informed the bench that the president has signed the notification for the judges’ extension in pursuance of the procedure stated in article 175-A of the constitution and presented a copy of the notification.

The parliamentary committee constituted for scrutinising the appointment of judges had rejected the judicial commission’s recommendations for granting extension to six additional judges. However, the PC’s decision, challenged in the Supreme Court, was suspended. A review petition filed by the federal government filed was thrown out. Last week, the attorney general’s office wrote to the PC for seconding the judges’ extension in light of the Supreme Court verdict. After detailed discussion, the parliamentary committee concluded that it had completed its task pursuant to article 175 (12) and 13, and the issue of the judges’ appointment rests between the federal government and the Supreme Court.

“We are not an enemy of the government, our objective is to ensure the supremacy of the constitution,” Justice Jawad S Khawaja remarked during the course of hearing. Justice MA Shahid Siddiqui observed, “We have to protect the system according to the constitution.”

The Supreme Court had directed the Attorney General to implement its decision overruling the parliamentary committee’s recommendation till Wednesday. The court had ordered the government to issue notifications for the judges’ appointment by Wednesday.

Published in The Express Tribune, April 28^th, 2011.