Advocate A.K. Dogar had named only two of the SC judges-designate — Justices Muhammad Nawaz Abbasi and Faqir Muhammad Khokhar — as respondents and left out Justice Khalilur Rehman Ramday of the Lahore High Court and Chief Justice Sardar Muhammad Raza Khan of the Peshawar High Court.

While Justice Ramday’s name cropped up from the petitioner’s plea that LHC Chief Justice Falak Sher and Senior Puisne Judge Mian Nazir Akhtar should have been elevated first, CJ Sardar Raza’s appointment also became relevant in the context of his argument on Tuesday that a single combined seniority list of all high court judges of the four provinces be drawn up for the purpose of elevations to the Supreme Court. All four appointments have been made through the impugned notification.

Mr Dogar also argued on Tuesday that Chief Justice Irshad Hasan Khan had not probably been consulted in the impugned appointments otherwise he would have opposed them. He cited Justice Irshad’s order as a member of the SC’s Quetta Bench in Asad Ali case whereby he had suspended the notification of CJ Sajjad Ali Shah’s appointment for not being the seniormost judge of the apex court.

The division bench assigned the petition in view of its importance observed that he had not raised the plea in his petition. Mr Dogar sought permission to amend the petition, which was granted. The bench consists of Justice Chaudhry Ijaz Ahmad and Syed Jamshed Ali. The petition has been filed on behalf of the Pakistan Lawyers’ Forum.