ISLAMABAD, Nov 1: Upset at not being told why the Judicial Commission of Pakistan (JCP) did not confirm him as a judge, an additional judge of the Islamabad High Court (IHC) on Thursday seized certain office records of the IHC and ordered its registrar to remove those appointed unlawfully in the court system within three days.

Justice Mohammad Azim Khan Afridi took the unusual step the day the registrar forwarded him a letter, on the direction of the IHC chief justice, barring him from issuing judicial orders.

A senior official of the IHC, speaking on condition of anonymity, told Dawn that Justice Afridi could still pass administrative orders, until his term of office expires on November 20, and that his Thursday's order was of an administrative nature.

On its part, the IHC administration has requested the additional judge to return the record he took away.

Justice Afridi is rumoured to have appointed over three dozen ‘favourites' in the IHC and its subordinate judiciary, and acted the way he did when the JCP and other concerned authorities did not respond to his inquiries.

Only the previous day he filed a petition in the IHC seeking a direction to restrain the Parliamentary Committee on the Appointment of Judges from meeting to confirm the recommendations made by the JCP, some 10 days ago.

Relevant sources said Justice Afridi went with his security staff to the IHC office after it ignored his latest order seeking the record he wanted to see, and after failing to meet Chief Justice Iqbal Hameedur Rehman in his chamber.

Neither he found the additional registrar establishment, nor the deputy registrar in charge of the record room in their offices, according to the sources.

Finally, Justice Afridi himself started scrutinising the files and collected those relating to the appointments made in the IHC since January 2011. The junior staff present could not and did not stop him.

After perusing the record, the additional judge wrote the order directing the IHC registrar to revoke the appointments that he determined to be unlawful.

About 150 positions in the IHC had been filled since that date without advertising them in the press. They included the posts of additional registrar in BPS-20, deputy registrar in BPS-19 and assistant registrar in BPS-18.

In his order, Justice Afridi said: “While going through the record, including personal files of the officials appointed in the district judiciary as well as in the IHC, numerous appointments of judicial officials/officers in the establishment of district judiciary and IHC were made by ignoring merit, prescribed procedures and on the basis of consideration other than merit.

“It is, therefore, directed that IHC registrar shall circulate instructions among all officials/officers of district as well as IHC with the request to such appointment holders to voluntarily relieve the charge within three days.

“In case any employee who has secured his appointment through illegal means fails to voluntarily relinquish the charge within three days then action in accordance with law will be taken against such officials/officers.”

IHC registrar Niaz Mohammad Khan excused himself from commenting on the development.

“Since I am in Lahore to attend the meeting of National Judicial Policy Making Committee, and have not seen any request of Justice Afridi, it is inappropriate to comment on this matter,” he told Dawn.

One court official blamed the development on the reluctance of the officials of administration branch of IHC in processing the request of Justice Afridi for providing him the record.

Syed Nayyab Hassan Gardezi, president IHC bar, commenting on the day's developments said: “No doubt Justice Afridi is still a judge of high court but the authority of his orders passed after the judicial commission had declined his confirmation would not be the same as passed by a confirmed judge.”

“We condemned the illegal appointments but the matter should be dealt in a proper manner. Ideally, Justice Afridi should quit following the Judicial Commission's October 22 meeting,” he added.

But in the opinion of advocate Faisal Hussain, a member of the bar, Justice Afridi's order “is as effective as the order of other judges, including the Chief Justice”.