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SC dismisses petition challenging Justice Isa’s appointment – Pakistan

The Supreme Court on Thursday dismissed a petition against the appointment of Justice Qazi Faez Isa as chief justice of the Balochistan High Court (BHC) and his elevation to the apex court.

The petition, filed by Advocate Riaz Hanif Rahi, argued that there exists no provision in the Constitution for direct appointment of the chief justice of a province and the guidance provided in Articles 196 and 200 of the Constitution was not followed (in Justice Isa’s case).

Barrister Ali Zafar, representing the Lahore High Court Bar Association (LHCBA), argued that Justice Isa was appointed directly as the provincial chief justice, without first being appointed a judge at the BHC. He also claimed that the then acting governor did not take advice from the provincial chief minister before approving the appointment.

The court rejected his arguments, with Chief Justice Mian Saqib Nisar observing that it was the need of the hour to appoint the chief justice directly as the entire bench was left vacant after an SC decision regarding judges who took oath under the Provisional Constitutional Order (PCO).

The complainant also failed to provide any proofs of a lack of consultation between the acting governor and the chief minister.

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