LAHORE, March 5: The chief justice of Lahore High Court, Justice Iftikhar Husain Chaudhry, is likely to submit to the Punjab governor six names for the posts of judges.
President Gen Pervez Musharraf will make the appointments in consultation with the governor under Article 193 of the constitution.
New appointments have to be made in the Lahore High Court because the present number of judges at 43 falls short of the full strength by seven. With seven more judges scheduled to retire this year, the number may come down to 36 if fresh appointments are not made.
In case three judges are elevated to the Supreme Court to fill in the vacancies created as a result of the passage of 17th amendment to the constitution, the Lahore High Court will be left with only 33 judges. The process of sending three judges to the apex court is said to have started.
Keeping in view the prospective shortfall in the number of judges, an evaluation of lawyers is understood to be under way for induction into the judiciary.
According to Article 193 of the constitution, the president shall make the appointments in consultation with the chief justice of Pakistan and the governor and the chief justice of the province.
Some lawyers, however, understand that the 17th amendment has ended the role of chief justice of Pakistan in consultation, which is now restricted to the governor and the chief justice of the province concerned.
The Supreme Court, in its famous judgement in the Judges' Case 1996, had declared seniority and consultation at three levels essential for the appointment of judges.
As for the judges who are scheduled to retire this year, Justice Mansoor Ahmad of the Rawalpindi bench is retiring on Saturday (March 6), Justice Mohammad Ghani on March 9 and Justice Pervez Ahmad Malik, who was confirmed only on March 4 and administered oath of the office the next day, on April 9.
Justice Mohammad Zafar Yasin of the Rawalpindi bench is due to retire on April 10, Justice Naeemullah Khan Sherwani on June 14, Justice Fakharrun Nisa Khokhar on June 27 and Justice Bashir A. Mujahid on Oct 31.
