ISLAMABAD: The Supreme Court on Tuesday asked the federation to clarify its stance on the role and status of the Parliamentary Committee (PC) vis-‡-vis Article 68.
“Whether eight parliamentarians can discuss the conduct of judges when the entire parliament is barred from doing so under Article 68,” questioned Justice Jawwad S Khwaja, during arguments of Additional Attorney General KK Agha on the federation’s review plea against decision over the issue of appointment of six additional judges of high courts.
The larger bench headed by Justice Mehmood Akhtar Shahid Siddiqui and comprising Justice Jawwad S Khwaja, Justice Khilji Arif Hussain and Justice Tariq Parvez resumed hearing of the maintainability of the review petition.
KK Agha said before delivering a verdict, the Supreme Court did not hear 25 petitioners, four advocate generals and attorney general on judges appointment issue. “These all persons should be heard before announcing the verdict,” he pointed out.
The apex court in its detailed judgement on March 21 had directed the federal government to issue a notification, endorsing extension of service of the six judges (four of Lahore High Court and two of Sindh High Court) in line with the recommendations made by the Judicial Commission in its meetings.
The federation through its petition prayed the apex court to review its verdict against the Parliamentary Committee’s decision over judges appointment, saying that it was against the constitution.
The review petition pleaded that the apex court through its March 21 verdict has re-written a part of the constitution (Article 175A) by going beyond its power of interpreting the constitution under the doctrine of judicial review.
On March 4, the Supreme Court overturned the Parliamentary Committee’s decision of rejecting one-year extension to service of six additional judges of the Lahore High Court and Sindh High Court recommended by the Judicial Commission.
The Parliamentary Committee had denied extensions to four additional judges of Lahore High Court - Justice Muhammad Yawar Ali, Justice Syed Mazahar Ali Akbar Naqvi, Justice Mamoon Rashid Sheikh and Justice Muhammad Farraukh Irfan Khan on February 2, and two additional judges of SHC - Justice Muhammad Tasneem and Justice Salman Hamid on February 22.
