Four Peshawar High Court additional judges cease to function as president delays their service confirmation

Lead

Four additional judges of the Peshawar High Court have ceased to function because President Asif Ali Zardari has not yet given assent to the confirmation of their services, as recommended by the Judicial Commission of Pakistan (JCP). The judges — Justice Farah Jamshed, Justice Inamullah Khan, Justice Sabitullah Khan and Justice Aurangzeb — were appointed for one-year terms and took their oaths on Feb 4, 2025. Their service terms were extended for six months on the JCP's recommendations earlier this year, and that extended period ended on Aug 4.

Coverage Comparison

The development was reported by Dawn, which also noted a parallel situation in the Sindh High Court (SHC). According to the report, the term of an additional SHC judge, Justice Khalid Hussain Shahani, has already expired due to the delay in presidential assent.

Dawn reported that the JCP, at its meeting on July 20, recommended the continuation of services for the four Peshawar High Court judges under Article 175(A) of the Constitution. The recommendation was forwarded through the constitutional channel to the president, who is the appointing authority. However, no deadline has been set for the president to give assent to the recommendations received from the prime minister, and no notification has been issued.

The report also noted that the Peshawar High Court is already short of judges, and the delay is expected to affect the day-to-day affairs of the court. Official sources told Dawn that the high court has been in contact with the law ministry about the situation, and that no cases have been assigned to the four judges since Aug 3. An official said judicial work could not be assigned to them unless the government issued the relevant notification.

Key Claims

• Four additional judges of the Peshawar High Court have ceased to function because the president has not yet given assent to the confirmation of their services, as recommended by the JCP. Their one-year terms, extended by six months, expired on Aug 4.
• The JCP recommended the confirmation of the four judges at its meeting on July 20 under Article 175(A) of the Constitution, but no presidential notification has been issued.
• A similar situation has already led to the expiry of the term of an additional judge of the Sindh High Court, Justice Khalid Hussain Shahani, whose extension was recommended by the JCP but not approved by the president before his tenure lapsed on July 29.

Perspectives

Presidency sources

Sources in the Presidency maintained that an additional judge could not continue to hold office beyond the expiry of his tenure unless the president formally approved the extension and the Law Ministry issued the notification.

Peshawar High Court Bar Association

The president of the Peshawar High Court Bar Association, Ameenur Rehman Yousafzai, has called upon the president to give assent to the recommendations to pave the way for the issuance of the relevant notification by the federal government, so as to end the impasse. He told reporters that in light of the Constitution and superior court judgements, the president could not withhold the summary.