Govt decides to boost IHC strength to 10 judges

Decision to be placed before cabinet for endorsement

ISLAMABAD: On the recommendation of the superior judiciary, the federal government has decided to strengthen the Islamabad High Court (IHC) by increasing the number of judges from seven to 10.

“The Cabinet Committee for Disposal of Legislative Cases has approved the increase in the number of IHC judges and the same will be placed before the federal cabinet for endorsement,” said Minister for Law and Justice Dr Farogh Nasim while talking to The Express Tribune.

“Later, it will be tabled in parliament for approval,” the law minister added.

According to the IHC Act 2010, the capital’s high court consists of a chief justice and six other judges appointed from provinces and other territories of Pakistan in accordance with the Constitution. At present, more than 16,000 cases are pending in the IHC.

Pakistan Tehreek-e-Insaf lawyer Chaudhry Faisal Hussain believed that it was the need of the hour that the number of judges in IHC was increased. He hoped that incoming IHC CJ Athar Minallah would recommend honest and competent names for new judges.

Another lawyer believed that as the accountability and anti-terrorism courts were active in the capital and the appeals against their judgments were being instituted in the IHC, there was a need to appoint judges with criminal law expertise, especially white collar crime.

On November 1, Chief Justice Mian Saqib Nisar, while hearing a matter related to the district judiciary in the capital, had revealed that a recommendation had been forwarded to the government to increase the number of IHC judges.

Presently, five judges are working while Justice Muhammad Anwar Kasi is going to retire today (Tuesday) after remaining chief justice for five years. Justice Kasi was elevated as IHC CJ on February 25, 2013. He is considered the longest serving chief justice of any high court in recent past. Interestingly, despite his seniority among all chief justices of high courts, the superior judiciary did not elevate him to the apex court.

Different lawyers gave different reasons for not elevating him.

Former Islamabad High Court Bar Association president Arif Chaudhry claims that the outgoing CJ did not issue any landmark verdict during his tenure.

Chaudhry also demanded of the Supreme Judicial Council (SJC) to release its opinion about withdrawal of a show-cause notice regarding allegations of illegal appointments at the IHC.

He said a bench of the apex court led by Justice Amir Hani Muslim had declared more than 70 appointments as illegal, where he had pleaded the petitioner’s case. After the verdict, SC judge Iqbal Hameedur Rehman had resigned but Justice Kasi had not.

The lawyers’ leader also said no superior court judge had been removed because of corruption in the past 50 years.

The former IHCBA president said, “Incoming CJ Minallah has a very good repute among the legal fraternity and will appoint honest and upright judges.”

With the retirement of Justice Kasi, there would be no representative of Balochistan in the IHC, while Sindh has lacked representation for the past couple of years.