ISLAMABAD, Jan 7: The Supreme Court on Monday dismissed a government appeal as infructuous against staying of its plan to set up the Islamabad High Court after the petitioner who had challenged the scheme before the Lahore High Court (LHC) said he had withdrawn the plea.

Later, Attorney General Malik Mohammad Qayyum told mediapersons that the Islamabad High Court would start functioning within ten days. Initially the court would comprise seven to eight judges including its chief justice but later the strength would be increased.

A three-member bench comprising Chief Justice Abdul Hameed Dogar, Justice Mohammad Moosa K. Leghari and Justice Chaudhry Ejaz Yousuf had taken up the appeal of the federal government against the December 17 order of the Lahore High Court (LHC) restraining it from setting up the federal high court under the Provisional Constitution Order No 1 of 2007.

The law ministry had instituted the appeal.

On December 24, the apex court had overturned the LHC’s stay against the government’s move to create the Islamabad high court and allowed the federal government to go ahead with its plan envisaged under the PCO. Before adjourning the matter, the apex court had also called the case file from the LHC.

When the case was taken up on Monday, the bench was informed by the petitioner’s side that it had withdrawn the original petition, and the high court had allowed it.

Through an executive order on the eve of lifting emergency and restoration of the constitution, President Pervez Musharraf had introduced six amendments to the constitution that included establishment of the Islamabad High Court (Establishment) Order.

Soon after the emergency was lifted, a Lahore-based lawyer Hassan Nawaz Makhdoom challenged the amendments to articles 175, 193, 194 and 198 of the constitution before the LHC, pleading no amendment could be made in pursuance of the proclamation of emergency and the PCO.

According to him, the amendment to establish the federal high court amounted to changing the basic structure of the 1973 constitution and infringed upon the structure of judiciary. Therefore, these amendments, he maintained, were illegal, without jurisdiction, mala fide, in excess of the powers of the then army chief and against the judgments of the apex court rendered from time to time affirming independence of the judiciary. In response, the LHC restrained the federal government from undertaking steps to set up the court with observations that the petitioner had raised complicated questions regarding interpretation of several constitutional provisions.