IHC asks federal government, ministry to explain delay in judges’ appointment summaries and constitutional consequences.

The Islamabad High Court issued notices to the federal government and the Ministry of Law and Justice. The notices ask for written reports on why the president has not yet approved the summaries that the prime minister sent about appointing judges to the IHC and provincial high courts. Justice Arbab Muhammad Tahir ordered the deputy attorney general to give a brief report that includes the date the prime minister sent each summary. He also directed a report on any action that the president may have taken, and on the constitutional consequences of keeping a summary pending for a long time. The court also sent a notice to the Attorney General for Pakistan, Mansoor Usman Awan, asking him to assist the court as amicus curiae. A petition challenging the president’s inaction on the appointment summaries was heard by Justice Tahir. The petition was filed by Luqman Zafar. The Judicial Commission of Pakistan cleared 19 appointments across four high courts during meetings led by Chief Justice Yahya Afridi on July 21. The PPP has not been able to secure approval for any of its preferred nominees because the president, Asif Ali Zardari, has not signed the summary. Justice Tahir questioned the federal government. He said “We thought the federal government would fulfil its responsibility but that did not happen.” He asked why the appointment of judges is delayed and how far the president’s summary is. The deputy attorney general told the court that the president could no longer reject the summary. Advocate Zahid Asif Chaudhry argued that the constitution forces the president to act on the prime minister’s advice. He said the 15‑day period to return the advice had expired and that the president had neither acted nor returned the advice. Chaudhry warned that the delay could undermine Article 175‑A, which manages judicial appointments, and that it harms the administration of justice and people’s right to access justice. The Islamabad High Court will resume hearing the case on Tuesday.