ISLAMABAD, May 6: President Pervez Musharraf has expressed displeasure over recommendations of Chief Justice of Lahore High Court, seeking extension of 10 additional judges of the LHC for one more year without giving any reason, and directed that the case for confirmation or non-confirmation of the judges concerned should be initiated.
A high government official, relevant with the issue, told Dawn on Monday that the government was wrongly being derided by bar and others for a fault which was of the judiciary.
The official said it was unfortunate that the government was being criticised by the bar and others for judicial inertia.
The official said that LHC Chief Justice Mr Justice Falak Sher as being one of the constitutional consultees had initiated the summery only six days before the expiration period of 10 additional judges’ services.
Under the established rules, the LHC CJ was required to send the summery, at least, one month before the expiration of the period as it (the summery) had to be routed through the Governor of the province, the Chief Justice of Pakistan and then to the President, through the federal law ministry.
The law ministry prepares the summery for the President, based on the recommendation of the Chief Justice of Pakistan, and other constitutional consultees in the light of the recommendation as defined in the judges case, outlining the procedure for the appointment of judges in the superior judiciary.
The judges concerned whose extension has been sought by the LHC Chief Justice are Justice Ms Nasira Iqbal, Justice Mansoor Ahmad, Justice Tanvir Bashir Ansari, Justice Muhammad Sayeed Akhtar, Justice Muhammad Farrukh Mahmud, Justice Muhammad Sair Ali, Justice Mian Hamid Farooq, Justice Abdul Shakoor Paracha, Justice Muhammad Khalid Alvi, and Justice Ijaz Ahmad Chaudhry.
Stating the facts, the official said, the LHC CJ initiated the summery on April 23, when there were only six days left for three constitutional consultees to give their recommendation after applying their mind.
The official said when the summery for extension of the tenure was presented before the President, he inquired why the judges’ tenure was being extended. The President was of the view that if the additional judges were not up to the mark they should not be confirmed or if some or all those were up to the mark, they should be confirmed as permanent judges.
The LHC Chief Justice’s summery was silent on the issue as to why the extension was being sought, instead of confirmation and non-confirmation.
The President, using his constitutional right, extended the tenure of 10 additional judges till May 31 and asked the LHC CJ to initiate the summery well in time so that every constitutional consultee had ample time to apply his mind before giving his recommendation.
Later, a spokesman for Ministry of Law, and Justice also issued a written statement, terming the comments/news items regarding the extension of tenure of 10 additional judges, unfounded and erroneous.
The spokesman said the actual position was that due to some pre-occupations and engagements, the LHC Chief Justice initiated the case on April 23, 2002. Thus enough time was not available for other consultees to have meaningful consultations. After receiving the summery from the quarters concerned, the Law, Justice and Human Rights Division processed the case and submitted it for orders of the President of Pakistan.
The spokesman maintained that the competent authority, while extending the tenure of the said judges, directed that their (the judges’) case for confirmation or otherwise be submitted. The case has now been processed in the light of the directives of the President of Pakistan.”