ISLAMABAD: The Supreme Court on Friday dismissed petitions filed by 19 sacked employees of the Islamabad High Court (IHC) seeking a review of the apex court’s judgment declaring scores of appointments made in the high court illegal.

A bench of the apex court, headed by Justice Amir Hani Muslim, on September 26, 2016, had declared that the IHC chief justice had inducted several people in violation of rules and in a “cherry-picking” manner.

Subsequently, the IHC administration sacked 26 senior officials, including a brother of incumbent Chief Justice Mohammad Anwar Khan Kasi, who were illegally appointed between 2011 and 2013.

Petitioners had sought review of the apex court Sept 26 judgment declaring scores of appointments made in the high court illegal

Advocate Mohammad Arif Chaudhry in January 2014 challenged the appointments in the Supreme Court.

In their ‘civil review’ petitions, the 19 former employees submitted that the September 26 judgment “erred inadvertently” and caused “grave prejudice by taking away their right of appeal. It also laid down a precedent that will result in the breach of right of appeal of numerous individuals.”

The petitioners wanted the Supreme Court to constitute “a full court to examine the impugned judgment as it has very negatively impacted on the functioning of the superior courts in Pakistan.” They believed that “the impugned judgment had almost rewritten clause 5 of Article 199 and clause 1-a-i of the Constitution, which was not permissible.”

According to the petitioners, “the most grave and unintended consequence of the impugned judgment is that references are being filed and resolutions passed by the bar association against a sitting judge of the Supreme Court (since retired) and the chief justice of the IHC, asking for their resignation and removal.”

The petitioners said the superior judiciary had a special place and protection in the scheme of 1973 Constitution, which the September 26 order of the apex court “has severely scarred to the detriment of its independence.”

They argued that chief justices of the IHC, since its establishment in 2010, had acted well within their powers and parameters of law in making transfers, appointments and absorptions of employees.

After the announcement of the September 26 judgment, the incumbent secretary of the IHC Bar Association, Mohammad Waqas Malik, filed two references against Chief Justice Kasi and his predecessor, Justice Iqbal Hameedur Rehman.

In 2013, Justice Rehman was elevated to the Supreme Court but he resigned after the reference was filed on October 23.

On Friday, the counsel for the petitioners told the apex court that after the September 26 judgment an eminent judge of the Supreme Court resigned. However, the bench remarked that Justice Rehman had put his status at a high esteem.

In para 30 of September 26 verdict, Justice Amir Hani 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, the bench observed: “The chief justice and/or the administration committee of the IHC 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.”

The reference against Justice Rehman became infructuous after his resignation. However, the reference against Justice Kasi is pending adjudication in the Supreme Judicial Council.

Published in Dawn, January 21st, 2017