November 6, 2002	Wednesday	Sha’aban 30,1423

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ISLAMABAD, Nov 5: A two-member Supreme Court bench on Monday suspended the operation of a notification appointing Justice Fakhar-un-Nisa Khokhar, the senior most judge of the Lahore High Court, as chairperson of the Environment Protection Tribunal (EPT) for three years.

The bench exercising the Supreme Court’s original jurisdiction under Article 184 of the Constitution, directed the office to register the matter as suo motu constitutional petition.

The bench comprising Acting Chief Justice Munir A. Sheikh and Justice Faqir Muhammad Khokhar, observed that the notification issued by the Law, Justice and Human Rights Division on Oct 30 “appears to be against the independence of judiciary”.

The notification reads: “The competent authority has been pleased to appoint Justice Mrs Fakhar-un-Nisa, judge, Lahore High Court, as chairperson Environment Protection Tribunal, Lahore, on (the) deputation basis for a period of three years with immediate effect”.

The Supreme Court order said that prima facie a judge of the high court could not be appointed against any other post substantially for a fixed term without the consent of the concerned judge.

However, it observed, a judge might be appointed against any post as an additional assignment. Even if a judge was to hold an additional assignment, he does not cease to be a judge of the high court, and such appointment shall be an additional assignment, it added.

Justice Fakhar-un-Nisa had enjoyed the “legitimate expectancy” to become the chief justice of the Lahore high court after the appointment of Justice Falak Sher and Justice Karamat Nazir Bhandari as judges of the Supreme Court. She was, however, ignored and Justice Chaudhry Iftikhar Hussain was appointed the LHC chief justice.

The Supreme Court issued a notice to the federal government and the Attorney-General for Nov 12. In the meantime, the operation of the notification was suspended and the apex court directed that the name of high court’s judge shall neither be struck off nor discontinued from roster, and she shall be allowed to perform functions as judge of the said court.