ISLAMABAD: The Islamabad High Court Bar Association (IHCBA) on Thursday adopted a resolution demanding resignations from those who were responsible for making illegal appointments on senior positions in the Islamabad High Court (IHC).

During a meeting of the bar association, the resolution was tabled by Mohammad Arif Chaudhry, the lawyer who had challenged the illegal appointments in the Supreme Court.

A bench of the Supreme Court, headed by Justice Amir Hani Muslim, in its landmark judgment issued on September 26 declared the appointments illegal.

The appointments included a brother of the sitting IHC Chief Justice Mohammad Anwar Khan Kasi in BPS-19.

The resolution states: “In order to implement Para 30 and 85 of the Supreme Court judgment, all those responsible for (making) illegal appointments should quit their offices.

The bar association further resolves that in case the Supreme Court judgment is not implemented, lawyers shall take direct action.”

In Para 30 of the judgment, Justice Muslim reproduced the arguments of the counsel for Idrees Khan Kasi, the brother of Justice Kasi, which claimed that at the time of his appointment Justice Kasi was not the chief justice of the IHC. But at the end of the same Para, the verdict noted: “However, it may be observed that the incumbent Chief Justice was nevertheless a Judge in the Islamabad High Court and could have exercised influence for the appointment of his brother.”

In Para 85 of the judgment, the bench observed: “The Chief Justice Islamabad High Court and/or the Administration Committee of Islamabad High Court have made appointments in the Establishment in complete disregard of the mandate given by the Rules framed under Article 208 of the Constitution. If the competent authority itself starts cherry picking by deliberately ignoring and overlooking meritorious candidates… the image of the institution will be tainted beyond repair… We have already cited certain instances showing the mode and manner in which the appointments were made by abusing the authority.”

Speaking during the meeting, Advocate Mohammad Waqas Malik, the general secretary of the IHCBA, warned that the lawyers may lock the courtroom if the judge responsible for the illegal appointment does not quit.

The illegal appointments in the IHC were made when Justice Iqbal Hameedur Rehman was the chief justice of the IHC. Justice Rehman remained the IHC chief justice from January 3, 2011 to February 25, 2013, when he was elevated to the Supreme Court. Justice Kasi became the chief justice IHC on February 25, 2013.

In the light of the SC direction, a three-judge committee, comprising Senior Puisne Judge Justice Noorul Haq N. Qureshi, Justice Shaukat Aziz Siddiqui and Justice Athar Minallah, is examining the appointments and promotion cases made since 2011.

Advocate Malik said the lawyers had rendered sacrifices for the rule of law and restoration of judiciary. But after the reinstatement of Justice Iftikhar Mohammad Chaudhry, the culture of nepotism and favoritism grew manifold, he added.

Senior lawyer Javed Saleem Shorish, member of the Islamabad Bar Council (IBC), expressed the hope that the judges who had made the appointments were respectable and the lawyers were expecting that they may tender resignation in a dignified manner.

Advocate Rana Abid Nazir said he had written letters to the members of the Supreme Judicial Council along with the observations of the bench which declared the IHC appointments illegal.

Published in Dawn, September 30th, 2016