ISLAMABAD - The Supreme Judicial Council has dismissed all the complaints and cleared Islamabad High Court Chief Justice Muhammad Anwar Khan Kasi of all charges.

The decision of dismissing four complaints was made in a meeting of the SJC headed by its Chairman Chief Justice Mian Saqib Nisar. The meeting was held on Thursday whereby the Council examined the four complaints pending with SJC against IHC’s Chief Justice Muhammad Anwar Khan Kasi.

“After detailed deliberations and discussion, the Council came to the conclusion that on the basis of material available on record no case of misconduct was made out against the Honourable Judge. Therefore, the Supreme Judicial Council dismissed all the complaints against him,” the press statement issued here on Friday stated.

One of the main complaints against the IHC’s chief justice was illegal appointment of employees in IHC.

One of the top court’s judges Justice (retd) Hameedur Rehman, who was then IHC’s chief justice, had tendered resignation on the same allegations to avoid inquiry following top court’s September 26 of 2016 landmark judgment.

The appointments were made by a three-member committee wherein then Chief Justice IHC Hameed Ur Rehman and incumbent Chief Justice IHC Muhammad Anwar Kasi were also the members.

Two years ago in a landmark judgment, the top court had ordered to de-notify various appointments, absorptions and transfers including the 74 appointments in the IHC.

The 74 appointments also included Idrees Khan Kasi, the family member of Chief Justice IHC Muhammad Anwar Kasi, on the post of deputy registrar.

A 50-page judgment authored by Justice Amir Hani Muslim had observed: “If the competent authority itself starts cherry picking by deliberately ignoring and overlooking meritorious candidates in appointment exercising powers under Rule 26 of the Lahore High Court or Rule 16 of the Islamabad High Court, then the image of the institution will be tainted beyond repair. Such practice may lead to distrust of the public in the judicial institution of the country.”

The judgment had further observed that it could not allow denial of justice to those candidates who merit appointment nor could we encourage anyone to bypass transparent process of recruitment provided under the Rules.

The top court in its observations had said that a superior court is amongst the sacred establishments that stand as a beacon of justice adding if appointments in the Islamabad High Court are made in colorful exercise of power or by bypassing the transparent process of recruitment provided under the Rules, it will have far reaching undulate effects on the public at large.

“If the torch bearers of justice are permitted to make appointments overlooking merits, the sanctity of the judicial system will be in peril,” the top court had observed adding that the exercise of power in a manner that results in depriving meritorious citizens from the opportunity of competing for public offices, therefore, is beyond a shadow of doubt and is a matter of public importance.

The apex court had held that the Chief Justice IHC (Rehman) has lost sight of the scheme of the Rules by appointing Respondents and others in the Establishment of IHC further noting that the provisions of Rules that provide for a mandatory competitive test for the appointment of employees was not followed, nor any advertisement was made to invite applications of eligible candidates.

“As a result, a number of meritorious and eligible candidates have been deprived of their fundamental right to seek employment through a competitive examination as provided under Article 18 of the Constitution,” the court had ruled.

The top court moreover noted that numerous infirmities in the appointments made by the Chief Justice and these infirmities are incurable by the Chief Justice under the powers conferred on him under Rule 26 of the Lahore High Court Rules and Rule 16 of the Islamabad High Court Rules.

 

 

SJC clears IHC CJ Anwar Kasi of all charges