Judge’s son challenges appointment of IHC judge

Legal experts fear a plethora of petitions against appointment of superior court judges

ISLAMABAD: Former Islamabad High Court judge’s son has challenged the appointment of a serving IHC Judge Mian Gul Hassan Aurangzeb on grounds that it violates the constitutional provision providing equal representation to all regions.

Advocate Ali Azim Afridi has filed a constitutional petition against the IHC judge’s appointment. The respondents in the petition are Justice Mian Gul Hassan Aurangzeb and secretaries of Judicial Commission of Pakistan, parliamentary committee, President, Prime Minister, Khyber Pakhtunkhwa bar council, federation of Pakistan and Supreme Judicial Council.

The legal experts fear that the floodgates of petitions may open against the superior court judges. The Supreme Court will take up the petition against Justice Isa today (Thursday). The court made it clear that if petitioner Riaz Hanif Rahi does not come to argue then appropriate action will be taken against him.

Moreover, the lawyers urged the SC to pass a strict stricture for exercising quo warranto jurisdiction against judges. They say that the trend of filing petitions against superior court judges should be discouraged.



Earlier, a serving Kohat district and sessions judge had submitted complaint of misconduct against top judge of the country. Similarly, Shahid Orakzai who has been banned in SC also challenged the appointment of several judges.

According to the petitioner the judge does not belong to the Federally Administered Tribal Areas (Fata) division. The petition states that for the sake of brevity and information, IHC judge hails from K-P, which is obvious from the record, submitted before the president of Pakistan and cannot be considered for the position reserved for qualified persons of FATA.

Another nominee Advocate Supreme Court Athar Minallah from Khyber Pakhtunkhwa was nominated against the vacancy reserved for K-P, which was left vacant by Justice retired Riaz Ahmed Khan as the Islamabad High Court Judge. He asserted that the appointment deprives the territory of “having a qualified person to be appointed” as the judge of IHC.

The petition stated that the appointment of IHC judge is uncalled for and be declared against the constitution and law. “No person could be treated dissimilarly let alone the people of FATA, aiming at securing high positions at national level for the betterment of the people of Pakistan.”

It is also contended that the appointment of respondent No 1 is in violation of Article 193 of the Constitution of Islamic Republic of Pakistan, which allows equal opportunity for the Advocates and District Judges.

It is stated that the proceedings of Judicial Commission of Pakistan are subject to judicial review. It is cardinal principle of law and justice that “what cannot be done directly cannot be done indirectly.”

“The issue at hand is of public importance as it involves questions with regard to adequate representation of the people hailing from FATA; taken for granted by respondent No. 2 Judicial Commission of Pakistan by introducing respondent No. 1 at Islamabad High Court in violation of the constitution and law.”