Govt's legal team to meet Presidency officials amid efforts to end deadlock over judges’ appointments

Islamabad: The government’s legal team is set to hold talks with officials at the Presidency on Sunday, as efforts intensify to resolve the deadlock surrounding judicial appointments. The matter remains sub judice after a petition was filed in the Islamabad High Court (IHC), which has yet to rule on the maintainability of a case challenging President Asif Ali Zardari’s alleged failure to approve the recommendations of the Judicial Commission of Pakistan (JCP).

The JCP on July 20 and 21 suggested the confirmation of four additional judges for the Peshawar High Court, a six-month extension for an additional judge at the Sindh High Court, and the appointment of 19 judges to various high courts. Under Article 175-A of the Constitution, these recommendations were forwarded to the prime minister, who subsequently submitted a summary to the president.

However, the president’s office has yet to act on this summary. Government officials contend that the president was required to act within two weeks of receiving the summary, a deadline that has expired. Still, they argue that the matter is now sub judice, and notifications cannot be issued at this stage. The Presidency’s legal team has raised objections to the JCP proceedings, citing the rejection of most nominees proposed by the Pakistan People’s Party (PPP) and concerns about candidates with criminal records.

They maintain that Article 175-A does not specify a timeframe for the president’s action and that Article 48(1) does not override constitutional provisions. They also referenced Article 48(2), which grants the president discretion in matters within his constitutional purview and states that the validity of any action taken by the president cannot be questioned.

Presidency sources fear that unilateral actions could lead to a "political and legal disaster" and emphasized that any ambiguity surrounding Articles 48(1), 48(2), and 175-A(8) should be settled through mutual consultation between the president and prime minister rather than through unilateral decisions. Meanwhile, the IHC has reserved its verdict on the maintainability of the petition, leaving the government scrambling to find a solution within the constitutional framework.