Government Teams to Meet Presidency Over Four Peshawar Judges, 19 Other High Court Appointments, and Two Senior Judges' Status.
The government’s legal team is set to meet the Presidency this Sunday to break the deadlock over judicial appointments while the Islamabad High Court has not yet ruled on a petition challenging President Zardari’s failure to act on the Judicial Commission’s recommendations.
By AVI News News Desk2 min read
🔍 Click to enlarge
Government Teams to Meet Presidency Over Four Peshawar Judges, 19 Other High Court Appointments, and Two Senior Judges' Status.
Image via UnsplashThe government’s legal team has scheduled a meeting with its counterparts at the Presidency for Sunday, hoping to resolve a long‑standing deadlock over the appointment of high court judges.
The stalemate exists because the summary of the Judicial Commission of Pakistan’s recommendations remains pending with President Asif Ali Zardari, and the Islamabad High Court (IHC) has yet to decide whether to uphold a petition challenging his inaction.
The Judicial Commission recommended the confirmation of four Peshawar High Court judges, a six‑month extension for a Sindh High Court judge, and appointments of 19 judges to the Lahore, Islamabad, Sindh and Balochistan high courts. The summary was forwarded to the prime minister and then to the president but has not been answered.
The government is examining the possibility of invoking Article 48(1) of the Constitution to issue notifications through the law ministry, arguing that the president was required to act within a fortnight of receiving the summary—a deadline that has lapsed. Government officials say notifications cannot be issued while the matter is sub judice.
The Presidency’s legal team counters, noting that Article 175‑A does not prescribe a specific timeframe and that Article 48‑1 cannot override it. They point to Article 48‑2, which says any action by the president “cannot be called into question on any ground whatsoever.” They warn that unilateral action would be a “political and legal disaster” and that consensus must be reached through democratic means.
During a Thursday hearing, the IHC postponed its ruling on a petition filed by advocate Luqman Chaudhary seeking a direction for the president to approve the summary. The delay has already caused practical problems. Four Peshawar judges, whose confirmations were recommended by the Judicial Commission, lost their positions on 4 August when their tenure expired without formal notification. An additional judge of the Sindh High Court, whose term was extended by six months, left office on 29 July.
Minister of State for Law and Justice Barrister Aqeel Malik said the government intends to resolve the issue within the constitutional framework and in accordance with the principles laid down by the superior courts.