The Islamabad High Court (IHC) on Monday summoned the president and prime minister through their secretaries regarding a delayed summary for appointing judges to the high courts, raising concerns over the prolonged constitutional process.
Justice Arbab Muhammad Tahir issued the notices during the hearing of a writ petition challenging the president’s failure to approve the summary, demanding replies by Wednesday. Addressing Additional Attorney General Rashid Hafeez, the judge questioned the federal government’s apparent neglect of the matter and inquired about the current status of the judicial appointments summary.
“It seems the federal government lacks interest in this issue. We expected the government to fulfill its constitutional duties, but that has not occurred,” Justice Tahir remarked. He further asked whether the government was aware of the pending stage of the summary and what was causing the delay in appointing judges to the superior judiciary.
Notably, Justice Tahir pointed out that confirmations of judges for the Sindh High Court (SHC) and Peshawar High Court (PHC), which had been approved by the Judicial Commission of Pakistan (JCP), remained stalled. He observed that more than 18 days had elapsed since the summary was forwarded without any progress.
During the hearing, petitioner’s counsel Zahid Asif Chaudhry emphasized that the Constitution clearly outlines the consequences once the prescribed timeframe lapses, arguing that the president cannot hold the summary indefinitely. Meanwhile, Additional Attorney General Rashid Hafeez contended that at this stage, the president could no longer reject the summary.
The proceedings arose from a writ petition filed by advocate Luqman Zafar in the public interest. The petition noted that the JCP had nominated candidates for high court judgeships during meetings on July 20 and 21, 2026. These nominations were sent to the president via the prime minister under Article 175A(8) of the Constitution, but no decision has been taken despite the considerable delay.
The counsel further stated that while the Constitution permits the president to return advice for reconsideration within 15 days, this period had expired without any action or return of the advice.
In a detailed three-page written order issued after Monday’s hearing, the court requested reports from the federal government and Ministry of Law, instructing them to clarify the status of the summary. The order directed the deputy attorney general to ensure the submission of concise written reports specifying when the prime minister forwarded the summary to the president and whether any subsequent action was taken.
Justice Tahir also required the respondents to explain the constitutional implications if advice on judicial appointments remains pending indefinitely without being acted upon or returned within the constitutionally prescribed timeframe.
The court will resume hearing the case on Wednesday.
