Judge from Lahore likely to be appointed to lead Islamabad high court

The judicial bureaucracy is considering transferring a judge of the Lahore High Court (LHC) to lead Islamabad High Court (IHC) as the post of its chief justice falls vacant next month.

IHC Chief Justice Mohamed Anwar Khan Kasi, who has been exonerated in four references, is retiring on November 27.

Being the senior puisne judge, deposed Justice Shaukat Aziz Siddiqui would have been the likely successor of Justice Kasi.

However, his sudden removal on the recommendation of the Supreme Judicial Council (SJC) has created a vacuum in the IHC.

Though the next judge in terms of seniority, Justice Athar Minallah, has become the senior puisne judge of the IHC, the legal fraternity is unsure whether the Judicial Commission of Pakistan (JCP, which appoints Supreme and High Court judges) would appoint him, or a judge from another court may be transferred to the IHC as its new chief.

Traditionally, the senior puisne judge of a high court is appointed as the chief justice after the retirement of the incumbent.

Justice Minallah was appointed the IHC judge in June 2014 and is considered one of the finest judges of the superior judiciary.

In the last few years, he has authored landmark judgments in matters related to civil litigation, including real estate, criminal cases, and environment and missing persons.

Sources privy to the judicial bureaucracy said LHC’s Justice Ayesha A Malik and Justice Shahid Karim were being considered for the top post of the IHC.

Justice Malik has done LLM from Harvard Law School, Cambridge, Massachusetts, US, where she was named London H Gammon Fellow 1998-1999 for outstanding merit.

She became the LHC judge on March 27, 2012, and is currently on No 13th in the seniority list.

Justice Shahid Karim was appointed on November 7, 2014, and is No 31st in the seniority list of the LHC.

Lawyers’ representatives said that they would request that Chief Justice of Pakistan (CJP) Saqib Nisar appoint the senior most judge of the IHC as its chief justice.

Besides Justice Minallah, there are three other judges in the IHC: Justices Aamer Farooq, Mohsin Akhtar Kayani, and Miangul Hassan Aurangzeb.

According to the Islamabad High Court Act 2010, the sanctioned strength of its judges is seven.

After the removal of Siddiqui, the court has five judges.

Since IHC Chief Justice Kasi is reaching the age of superannuation on November 27, there would be three vacant positions of judges in the IHC.

The Islamabad Bar Council (IBC), the regulatory body of the lawyers of the federal capital, held an emergency meeting last week to discuss the issue related to the appointment of the IHC chief justice and two other judges.

According to IBC member Syed Wajid Ali Gillani, the council resolved that the JCP would be asked not to appoint any judge from the LHC or any other court as the chief justice of the IHC, as it would send a message that Justice Siddiqui was removed in order to elevate a judge from another province to the IHC.

He said the IBC last year had passed a resolution against appointment of the IHC chief justice from provinces.

The members of the council have renewed the demand.

Gillani said that the IBC also demanded that the vacant positions should be filled by appointing suitable lawyers from the Islamabad Bar Association, and in case a lawyer from a province is appointed as a judge, someone from the legal fraternity of Islamabad may also be appointed to the high court of that province.

IHC Bar Association president Javed Akbar Shah said that he has also moved a resolution on the appointment of judges.