July 12, 2003	Saturday	Jumadi-ul-Awwal 11, 1424

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PESHAWAR, July 11: The absence of the chief justice of the Peshawar High Court from the country has created confusion among lawyers.

Justice Mian Shakirullah Jan left the country on July 8 and ever since the government has not appointed an acting chief justice.

Under article 196 of the Constitution it is mandatory to appoint an acting chief justice if the office of chief justice is vacant.

An official of the high court said that since the summer vacation had begun from July 7, there was no need for appointing an acting chief justice.

However, some of the lawyers of the high court believed that the appointment of an acting chief justice was a constitutional requirement.

Despite the fact that the vacation had begun, it was the duty of the president to appoint a judge of the high court or supreme court as an acting chief justice, they added.

They said that in case of emergency there would be no one to look after court matters.

After Justice Mian Shakirullah Jan, Justice Khalida Rachied is the senior most judge of the high court followed by Justice Nasirul Mulk.