ISLAMABAD, April 2: The apex court on Monday summoned the federal government over a petition challenging the appointment of a non-Muslim as the acting chief justice of the Supreme Court.

A three-member bench comprising Justice Javed Iqbal, Justice Abdul Hameed Dogar and Justice Mian Shakirullah Jan has taken up the constitutional petition of Shahid Orakzai seeking a declaration that religious status of a citizen should take precedence over his seniority as a judge of the apex court to act as the acting chief justice.

Justice Rana Bhagwandas, being the senior-most judge of the Supreme Court, had assumed the top judicial office on March 24.

On Monday, the bench also declined to entertain a stay application moved by the same petitioner against the appointment of the ACJ.

Appearing in person, Mr Orakzai argued that the non-Muslim judge could not replace a Muslim judge because he could not perform all constitutional functions, including those specific functions mandated for Muslims. He contended that the non-Muslim judge could not administer oath of office to the president because the language of the presidential oath was specifically made for a Muslim president.

During the hearing, Justice Iqbal observed that Article 177 of the Constitution placed no bar on non-Muslims to become the chief justice.

“There is no word of Muslim or non-Muslim in this Article and as such there is no question of faith or religion of chief justice and only seniority.”

However, Mr Orakzai contented that faith was more important than seniority of the judge.