Pakistan Government Considers Bypassing President’s Assent to Notify 19 High Court Judges Appointments, Prompting Legal Debate.

The federal government is considering notifying appointments for 19 high court judges, including four additional Peshawar judges, one Lahore judge, and an additional Sindh judge whose tenure was extended by six months. The Ministry of Law and Justice has not issued the notifications because the president has not formally approved the Judicial Commission of Pakistan’s summary. The Judicial Commission recommended the appointments during meetings on July 20 and 21, but the president has not acted within the fortnight that the constitution expects. Informants say the government may invoke Article 48(1) to issue notifications, arguing the president’s duty to act has expired. The delay has already caused practical problems. The four additional Peshawar judges lost office on August 4 after their tenure ended. An additional Sindh judge, whose extended term was to last six months, also relinquished office after his term expired on July 29. Islamabad High Court has reserved its verdict on a petition filed by advocate Luqman Zafar Chaudhary. Justice Arbab Muhammad Tahir questioned whether a constitutional petition could be maintained against the president and asked for any precedent where a court directed the president under Article 48. The court will decide on the maintainability of the petition later.