MUNIR HUSSAIN BHATTI and another vs FEDERATION OF PAKISTAN through Secretary Law and another

ORDER

' MUHAMMAD AKHTAR SHAHID SIDDIQUI, J.---We have heard these two constitutional petitions at great length. These petitions relate to the functions of two institutions newly introduced into our Constitution namely, the Judicial Commission of Pakistan and the Parliamentary Committee. These two bodies have been created in the newly added Article 175-A of the Constitution.

2. Very briefly stated the petitioners have challenged inter alia, the two 'decisions of the Parliamentary Committee one in respect of four Additional Judges of the Lahore High Court and the other in respect of two Additional Judges of the Sindh High Court. The Judicial Commission had made recommendations for extension in tenure of these six Judges as Judges respectively of the Lahore and Sindh High Courts. The Parliamentary Committee has, however, disagreed with the recommendations of the Judicial Commission and has decided not to recommend the names of these six Judges for appointment as Judges respectively of the Lahore and Sindh High Courts.

3. During extensive arguments advanced by learned counsel for the parties including the preliminary objection raised by the. Learned Additional Attorney General objecting to the maintainability of these petitions, we have examined the newly added constitutional provisions and more specifically Article 175-A of the Constitution. We have also considered the case law copiously cited before us. We have, however, consciously confined our consideration of these petitions and arguments advanced, to the specific facts and circumstances of these cases. Having considered the same, for detailed reasons to be recorded later, these petitions are allowed in the following terms:--

(a) We declare that the decision of the Parliamentary Committee, whereby the names of the aforesaid six Judges were not confirmed for extension in their tenure, are not in accordance with the provisions of the Constitution;

(b) as a result of the above, we set aside the decision of the Parliamentary Committee dated 2-2- 2011 in respect of four Additional Judges of the Lahore High Court namely, Justice Mamoon Rashid Shell h, Justice Muhammad Farrukh Wan Khan, Justice Syed Mazahar Ali Akber Naqvi and Justice Muhammad Yawar Ali and the decision of the Parliamentary Committee dated 22-2-2011 in respect of two Additional Judges of the Sindh High Court namely, Justice Salman Hamid and Justice Muhammad Tasnim;

(c) consequently, we direct the respondents to implement the recommendations of the Judicial Commission in respect of the four above named Judges of the Lahore High Court and the recommendations of the Judicial Commission in respect of the two above named Judges of the Sindh High Court and to issue notifications for the appointment of the said Judges in consonance with the recommendations of the Judicial Commission.