PESHAWAR, Aug 28: The future of seven additional judges of the Peshawar High Court hangs in the balance as their tenure will end on Sept 6 and so far the judicial commission and parliamentary committee concerned have not been formed for deciding their case.

The said seven judges -- Justice Abdul Aziz Kundi, Justice Attaullah Khan, Justice Mohammad Safdar Khan Sikandri, Justice Miftauddin Khan, Justice Mian Fasihul Mulk, Justice Pir Liaqat Ali and Justice Mazhar Alam Miankhel -- were appointed as additional judges by the President of Pakistan under Article 197 of the Constitution.

These judges, appointed for a period of one year, had taken oath of their offices on Sept 7, 2009. The then PHC Chief Justice Tariq Pervez Khan had administered oath to them.

Following the passage of the Constitution (Eighteenth Amendment) Act, 2010, which was published in the official gazette on Apr 20, 2010, the mode of appointment of judges to the superior courts has been amended and now under the amended provisions of the Constitution these judges have to be appointed by a parliamentary committee on the recommendation of a judicial commission.

Presently, the Supreme Court is seized with scores of constitutional petitions challenging the said constitutional amendments including the provisions related to parliamentary committee and judicial commission.

“The apex court has been hearing these cases for the last few weeks and the future of these judges now depends on the judgment of the court,” said Advocate Mohammad Habib Qureshi, a member of the Provincial Bar Council.

He said that following the 18th Constitutional Amendment the provincial bar council had to give the name of a senior lawyer for the judicial commission which would recommend names for appointment of judges in the high court. However, he added that they had not been asked by the government to nominate any lawyer for that purpose.

Mr Qureshi was also of the opinion that the government should convene joint sitting of the Parliament for addressing these issues as almost similar issue of the Baluchistan High Court would result into crisis like situation as there the four serving judges were appointed on additional basis and their tenure would expire on Sept 5.

The sanctioned strength of judges of the Peshawar High Court is 20 out of which presently 18 judges have been functioning. Among the serving 18 judges, there are only four confirmed judges including Chief Justice Ejaz Afzal Khan, Justice Shahjehan Khan Yousafzai, Justice Dost Mohammad Khan and Justice Jehanzeb Raheem.

Justice Jehanzeb Raheem is presently non-functional as a reference has been pending against him before the Supreme Judicial Council as he had taken oath under the Provisional Constitution Order (PCO). Justice Jehanzeb had decided not to tender an apology and to contest the reference against him.

Seven other additional judges -- Justice Syed Sajjad Hussain Shah, Justice Ziaur Rehman Khan, Justice Sardar Shaukat Hayat, Justice Abdul Samad Khan, Justice Sher Mohammad Khan, Justice Imtiaz Ali and Justice Yahya Afridi -- had taken oath on March 15, 2010, and their one year term would expire next year.

An additional judge of the high court is appointed by the president in the manner provided for appointment of a permanent judge of the high court under Article 193 of the Constitution.

Prior to the 18th Constitution Amendment the president appointed a judge of the high court after consultation with the Chief Justice of Pakistan; with the governor of the concerned province; with the chief justice of the high court.

However, after the said amendment a judicial commission has to recommend names to a parliamentary committee for appointment as judges of the superior courts.

Normally, in past the additional judges of the high court were confirmed as judges after completion of their terms.