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June 28, 2008
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Saturday
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Jamadi-us-Sani 23, 1429
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Judges’ strength: IHC admits review petition
By Nasir Iqbal
ISLAMABAD, June 27: The Islamabad High Court on Friday served notices on the federal government in a review petition challenging the government’s move to enhance the strength of the Supreme Court judges from 16 to 29 through a finance bill in the National Assembly.
Chief Justice IHC Sardar Mohammad Aslam taking up the petition of Azhar Maqbool Shah asked the federal government to answer the points raised by the petitioner in a fortnight.
The high court had dismissed Mr Shah’s earlier petition as the finance bill had not been passed by the National Assembly then.
The PPP led coalition government had tabled a controversial proposal of expanding the apex court by moving the finance bill meaning that the strength, fixed by a Judges Act of 1997 would be increased by only the 342-seat National Assembly to become law and, unlike ordinary bills, does not need approval of the 100- seat Senate as well.
Finally after nine days of debate, the National Assembly adopted the finance bill on June 22.
Arguing before the high court Azhar Maqbool pleaded that increasing the number of judges in the Supreme Court through finance bill would end the role of both the presidency and the Senate adding bills could only be tabled in the parliament under Article 70 (introduction and passing of bills) that becomes law after its passage.
Since the PPP led coalition government lacks majority in the Senate, therefore they preferred inclusion of the enhancement of the judges through the finance bill, he said.
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