Summary The court sought the record of seniority between Justice Anwar and Justice Riaz.
A four-member bench headed by Justice Khilji Arif Hussain heard the case pertaining to the appointment of judges at the Islamabad High Court on Thursday.
Addressing the attorney general, Justice Asif Saeed Khosa asked if the formation of judicial commission was constitutional? What will be the legal position of the directives given by commission if it was formed on unconstitutional basis? He further asked if the president has the authority to reject or accept after the investigation of the commission. He also asked if there was any solution to the problem if the answer could not be retrieved from constitution.
The attorney general replied that the questions had simplified the case, adding that he cannot give any arguments without the written instructions of the government.
Presenting his arguments, Akram Sheikh said that according to his information, Justice Riaz was on leave to perform Hajj on October 22. Keeping in view the seniority list, Justice Anwar was then included in the commission.
The court directed the registrar of IHC to verify his information.
Justice Khosa remarked that the president might be unaware of this matter. He asked if the president had any authority to identify the mistake if he knew the issue.
Justice Ijaz Afzal replied the president had no authority in the matter of judges’ appointment after 18th amendment, adding that the president cannot even seek PM’s advice in this regard.
The court sought the record of seniority between Justice Anwar and Justice Riaz. The case has been adjourned till tomorrow.
