IN THE SUPREME COURT OF PAKISTAN 
 
 
(Original Jurisdiction) 
 
 
Present: 
Mr. Justice Khilji Arif Hussain 
Mr. Justice Tariq Parvez 
Mr. Justice Ejaz Afzal Khan 
Mr. Justice Gulzar Ahmed 
Mr. Justice Sh. Azmat Saeed 
 
 
CONSTITUTION PETITION NO.126 OF 2012  
[UNDER ARTICLE 184(3) OF THE CONSTITUTION OF ISLAMIC 
REPUBLIC OF PAKISTAN, 1973] 
 
Nadeem Ahmed, Advocate  
 
 
 
 
Petitioner(s) 
VERSUS 
Federation of Pakistan  
 
 
 
 
 
Respondent(s) 
 
For the Petitioner 
 
: 
Mr. M. Akram Sheikh, Sr.ASC  
 
 
 
 
 
 
For the Respondent   
: 
Mr. Irfan Qadir, AGP. 
 
 
 
 
 
 
Date of Hearing 
 
: 
14.12.2012 
 
 
ORDER 
 
          
 
 
Khilji Arif Hussain, J-. Through this petition, filed under 
Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973 
[hereinafter referred to as ‘the Constitution’], the petitioner seeks following 
relief:- 
 
“a) 
to issue appropriate directions to the Respondent for issuance of 
notifications; 
 
b) 
to declare that till issuance of the notifications, being a mere 
clerical/ministerial 
formality, 
the 
Honourable 
Judges 
of 
Honourable High Court mentioned at (a) and (b) of paragraph 
above, may continue to function as Judges of Honourable 
Islamabad High Court without having to depend on issuance of 
notification(s); 
 
c) 
Any other better or more appropriate consequential relief may 
also be granted in the interest of justice, especially to ensure that 
in future, the Respondent may not use this kind of hindrance to 
the smooth functioning of judicial organ.” 
 
2. 
 
From the perusal of material made available before us, it 
appears that the Judicial Commission of Pakistan [hereinafter referred to as 
‘the Commission’] in its meeting held on 22.10.2012, under the provisions 
of Article 175-A of the Constitution, recommended Mr. Shaukat Aziz 
Siddiqui, as a Judge and Mr. Noor-ul-Haq N. Qureshi, as an Additional 
Judge for a period of six months, of Islamabad High Court, Islamabad, 
from the date of expiry of their tenure as Additional Judges of the said 
Constitution Petition No.126 of 2012 
2 
High Court. The Parliamentary Committee on receipt of the aforesaid 
nominations from the Commission, in terms of Article 175-A(13) of the 
Constitution, after unanimously confirming the same, sent the matter to 
the Prime Minister of Pakistan to forward the same to the President of 
Pakistan for appointment. The President of Pakistan apparently not issued 
orders for appointment allegedly for the reason that one of the 
participants out of ten was not qualified to attend the meeting of the 
Commission.  
 
3. 
 
We are of the view that even if it is assumed that one of the 
members, being non entity sat, voted and took part in the proceedings 
culminating in nomination, but it would not vitiate the proceedings when 
the Judicial Commission in view of Clause 8 of Article 175A of the 
Constitution has nominated by majority of its membership. We are 
supported in our view from the judgment reported as Managing Director, 
Sui Southern Gas Company LTD, Karachi v. Ghulam Abbas and Others 
(PLD 2003 SC 724).  
 
4. 
 
After hearing Mr. Muhammad Akram Sheikh, learned 
Sr.ASC, representing the petitioner and the learned Attorney General for 
Pakistan, and for the reasons to be recorded later, we accept this petition 
and direct the concerned authorities to issue notifications, thereby 
appointing Mr. Shaukat Aziz Siddiqui, as a Judge of Islamabad High 
Court, Islamabad, and Mr. Noor-ul-Haq N. Qureshi, as an Additional 
Judge of Islamabad High Court, Islamabad, for a period of six months 
giving effect from the date of expiry of their earlier notifications.  
 
 
Judge 
 
 
Judge  
Judge  
 
Judge  
Judge  
                
 
 
ISLAMABAD 
 
M.Zubair/*