PESHAWAR: The appointment of Peshawar High Court’s registrar and an additional registrar from the bureaucracy was challenged in the high court on Monday on the ground that those appointments were against the constitutional provision related to separation of judiciary from the executive.

A writ petition was filed by an advocate, Ali Azim Afridi, who requested the court to declare the amendments made in the relevant rules last year to allow appointment of a civil servant of the provincial or federal government as registrar and additional registrar (administration) as unconstitutional.

The petitioner has prayed that the appointment of the high court registrar, Mohammad Saleem Khan (BS-20), and additional registrar (administration) Zakaullah Khattak (BS-19) through a notification on February 1, 2017, as void and without any lawful authority.

The petitioner contends that the said two appointments impinge upon the notion of independence of judiciary.

Petitioner terms it against separation of judiciary from the executive

He has also prayed that the administrative committee of the high court may be tried for committing contempt of court as it has violated judgments of the Supreme Court on the said subject.

He also prays that the cases of the judges of the administrative committee may also be referred to the Supreme Judicial Council.

The petitioner states that PHC Ministerial Establishment (Appointment and Conditions of Service) Rules were framed in 1989.

He said that after those rules, the appointment of registrar was made through transfer of a district and sessions judge besides the additional registrar by transfer of an additional district and sessions judge or by promotion on merit.

The petitioner said that the purpose behind appointment of a serving district judge as registrar of PHC was obvious keeping at sight the role, duties and functions connected with the office of the registrar serving in the establishment of high court, having much to do with the affairs of district judiciary.

He said that the rules of 1989 were amended through a notification on January 27, 2017, restructuring the ways of appointment of registrar and additional registrar (administration), just to benefit a class of like-minded individuals in the bureaucracy.

The petitioner claims that even the stated rules nowhere provide for appointment of a person serving in BPS-19 or 20 against the post of registrar (BPS-22) and additional registrar (BPS-21), but the competent authority (administrative committee) appointed the said two officers.

The respondents in the petition are: Mohammad Saleem Khan (registrar), Zakaullah Khattak (additional registrar), the high court administrative committee through the registrar, the PHC chief justice through principal staff officer, provincial government through law secretary and the Supreme Judicial Council

Published in Dawn, March 6th, 2018