Govt’s inability to increase IHC judges draws SC ire

NA panel defers IHC (Amendment) Bill, 2018 till Jan 15

ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar has expressed reservations over the government’s inability to increase the number of judges in the Islamabad High Court, saying four months have passed by but the government is still unable to amend the law.

A three-member Supreme Court bench, headed by Chief Justice Nisar, was hearing the case regarding increasing the number of IHC judges from seven to 10 on Thursday.

During the hearing, the CJP questioned whether the number of judges in IHC had been increased. “Ask the Ministry of Law secretary,” he ordered.

On this, Advocate Babar Awan replied, “The cabinet has given its nod for the purpose. The law will be amended through an ordinance to increase the number of judges.”

The CJP said, “The high court is completely paralysed as the number of judges has not increased.”

Separately, the National Assembly’s panel on Thursday deferred the Islamabad High Court (Amendment) Bill, 2018, aimed at increasing the strength of judges from seven to 10, till January 15.

The Standing Committee on Law and Justice meeting, which was presided over by the Chairman Riaz Fatyana, discussed the bill in detail while representatives from the Ministry of Law and Justice presented their viewpoint.

According to the statement of objects and reasons of the bill, the existing sanctioned strength of judges of the IHC was six plus one - the chief justice.

As intimated by the IHC, the present strength of judges as compared to the number of pending cases was not sufficient, besides the institution of fresh cases was increasing every year.

It was, therefore, necessary to increase the strength of the judges in the IHC from seven to 10, to overcome the difficulties in disposing of long pending cases.

Representatives from the ministry, including the law and justice secretary, supported the bill, saying the Ministry of Finance had also no objection over increasing the number of judges in IHC.

A member of the committee, MNA Aliya Kamran, said, “The number of judges in all courts of the country should be increased and two judges from each province should be appointed in the IHC.”

Another MNA, Muhammad Farooq Azam Malik, also endorsed the idea that each province should be given equal representation in appointment of judges in IHC.

MNA Nafeesa Shah said strength of judges should be completed in the court as presently four, instead of seven judges, were serving there.

Parliamentary Law and Justice Secretary Maleeka Ali Bukhari said, “The strength of judges will be increased in IHC during the first phase.”

MNA Khawaja Saad Rafique said, “The number of judges are less in IHC as well as in courts of other provinces. The required strength should be completed for resolving pending cases.”

He also asked to chalk out a formula for appointment of judges in IHC, saying: “Still three posts of judges are lying vacant there.”

Law and Justice Secretary Justice (retd) Abdul Shakoor Paracha said parliament had to decide about increasing the number of judges in high courts and Supreme Court.

He said 60 judges were working in the Lahore High Court while this bill suggested increasing the number of judges in IHC from seven to 10.

The meeting also expressed concern over the absence of minister for law and justice.

The committee deferred the Constitution (Amendment) Bill, 2018 (Amendment in Articles 5l and 106) while another bill - the Constitution (Amendment) Bill, 2018 (Amendment in Article 106) - was rejected.