A four-member bench headed by Justice Mahmood Akhtar Shahid Siddiqui comprising Justice Jawad S Khwaja, Justice Tariq Pervez and Justice Khilji Arif Hussain, was hearing a review petition, filed by the government, against apex court March 4 decision, setting aside the parliamentary committee's recommendations for rejecting the one-year extension of six high court judges.
A one-year extension, though recommended by the Judicial Commission, was denied to four additional judges of Lahore High Court (LHC) and two Sindh High Court (SHC) judges by the eight-member bipartisan committee. In its short order the court said that the judgement neither affect the jurisdiction of the parliamentary committee nor its powers. The contempt proceeding against secretary law ministry for not issuing notification of these judges was, however, adjourned for one week.
Additional Attorney General KK Agha argued before the bench that the parliamentary committee for appointment of superior court judges had all the rights to reject the names of judges, recommended by the Judicial Commission. The committee, he contended, had also explained the reasons of denying extension to the judges.
Justice Jawad S Khwaja remarked that the reasons given by the committee had already been annulled by the apex court. Referring to 18th Amendment about appointment of superior court judges, Justice Khwaja said, the apex court had declared that in case of rejection of Judicial Commission's recommendations, the eight-member parliamentary body was bound to give solid reasons for turning down its (Judicial Commission) recommendations.
The additional attorney general said that the parliament was a legislative body and the decision of its members could not be challenged. Justice Khwaja said that eight-member committee could not be dubbed as the full parliament - including both upper and lower houses. It seems that the eight-member parliamentary body was not answerable to anybody, he further remarked.
Clarifying the question raised by KK Agha, Justice Tariq Pervez was of the view that there was no possibility in the Constitution to create parallel bodies. Makhdoom Ali Khan, former attorney general, representing Yawar Ali Khan, a judge of LHC, said that if the parliament wants its legislation could not be challenged in the parliament, it would have to go for an amendment in the constitution in this regard as done by former military dictator General Pervez Musharraf. He further contended that if the parliament has the right to legislate, the Supreme Court has the right to review that piece of legislation as per powers given by the Constitution.