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Thursday July 18, 2024

Lawyers’ leader files reference against IHC CJ

By Faisal Kamal Pasha
October 15, 2016

ISLAMABAD: The Islamabad High Court Bar Association (IHCBA) General Secretary, Muhammad Waqas Malik, on Friday filed a reference under Article 209 of the Constitution against the incumbent IHC Chief Justice, Justice Muhammad Anwar Khan Kasi, before the Supreme Judicial Council (SJC) alleging that he had violated the oath of his office.

The GS IHCBA on October 13 in a press conference had said that the Supreme Court (SC) in its September 26 judgment regarding illegal appointments in the IHC has left no scope for any other interpretation and the act of Justice Kasi was cognizable by the SJC.

A three-member SC bench on September 26 had declared a number of appointments, promotions and absorptions as illegal and null and void. The reference alleged that “besides making certain illegal appointments, the said Chief Justice used his undue influence for securing illegal appointment for his younger brother Idrees Khan Kasi.” The reference has quoted particular portions of the SC judgment in its support that the IHC CJ violated his oath of the office. Reference has quoted the SC observations related to the appointment of Idrees Khan Kasi that reads “the incumbent Chief Justice was nevertheless a judge in the Islamabad High Court and could have exercised influence for the appointment of his brother”.

Further, the SC in para 71 observed, “Idrees Kasi was appointed directly without advertisement on the post of Deputy Registrar on 17-04-2012, which is meant for promotion… It is impossible that even a year after the establishment of Islamabad High Court, there was no other deserving candidate who could be appointed on this post on promotion or transfer, basis that too without advertising and treating him sole candidate for the post.”

Quoting the para 85 of the SC judgment in this reference that reads: “If the competent authority itself starts cherry picking by deliberately ignoring and overlooking meritorious candidates… the image of the institution will be tainted beyond repair. Such practice may lead to distrust of the public in the judicial institution of the country… We have already cited certain instances showing the mode and manner in which the appointments were made by abusing the authority.”