ISLAMABAD – The Islamabad High Court (IHC) on Monday sought an explanation from the federal government over the delay in processing judicial appointments recommended by the Judicial Commission of Pakistan (JCP), questioning the constitutional implications of keeping the prime minister’s advice pending indefinitely.
Justice Arbab Muhammad Tahir issued notices to President Asif Ali Zardari, the Federation of Pakistan and the Attorney General for Pakistan after determining that a petition challenging the delay could proceed. The court also directed the respondents to submit separate concise reports detailing the status and timeline of the advice sent by Prime Minister Shehbaz Sharif to the president.
The petition was filed by advocate Luqman Zafar through his counsel, Zahid Asif Chaudhry. It challenged the delay in approving judicial appointments recommended by the JCP.
Judicial Commission of Pakistan, headed by Chief Justice of Pakistan Yahya Afridi, had recommended the appointment of 19 additional judges and the confirmation of five judges to high courts during meetings held on July 20 and 21.
Following the recommendations, the prime minister forwarded the summary to President Zardari for consideration under Article 48 of the Constitution. The president has not yet approved or returned the advice.
During Monday’s proceedings, the petitioner’s counsel argued that Article 48(1) imposes a constitutional duty on the president to act on the prime minister’s advice. He pointed to the use of the word “shall” in the provision, arguing that it does not permit an indefinite delay in deciding the advice.
The counsel further submitted that the constitutional provision allows the president to return the advice for reconsideration within 15 days. Once the advice is reconsidered and submitted again, the president is required to act on it within 10 days, according to the petitioner’s interpretation of the constitutional framework.
He argued that established legal precedents required the president to act on the prime minister’s advice and did not allow the constitutional process to be stalled indefinitely.
The petitioner’s counsel also maintained that the delay was affecting the administration of justice, particularly as superior courts continue to face a substantial backlog of cases. According to the petition, prolonged vacancies could undermine the public’s constitutional right to timely access to justice.
Justice Tahir ordered that notices be served through all available modes. Additional Attorney General Rashid Hafeez was also directed to ensure that the respondents submit individual reports specifying when the prime minister’s advice was forwarded to the president and what action, if any, had subsequently been taken.
The court fixed the matter for further hearing on August 11.
The dispute has already had practical consequences for the judiciary. Four additional judges of the Peshawar High Court, whose confirmation had been recommended by the JCP, ceased to hold office on August 4 after their terms expired without the required formal notifications.
A similar situation arose in the Sindh High Court, where an additional judge whose tenure had been recommended for a six-month extension left office after his term expired on July 29.
The oath-taking ceremony for the newly recommended judges had initially been scheduled for July 27. It was later postponed indefinitely after the presidential summary remained pending, with neither approval nor return of the advice communicated.
