ISLAMABAD: Islamabad High Court has reserved the decision on the case of extension of Justice Ashraf Jahan, wife of Chief Justice of Pakistan as Judge Federal Shariat Court (FSC) and her appointment as Judge Sindh High Court.
The single bench comprising Justice Amir Farooq heard the case and applicant Molvi Iqbal Haider appeared before the court.
During the argument, Molvi Iqbal Haider said that President of Pakistan had appointed Mrs Ashraf Jahan Jamali on the post of judge Federal Shariat Court for two years, which is sheer violation of Article 175 of the constitution. The act of head of state had deprived the right of senior women judges, he said.
On which Justice Amir Farooq asked the applicant that first of all the court would ascertain that the application is maintainable or not.
Applicant Haider told the court that the case is regarding the public interest. He mentioned in his application that Ashraf Jahan was appointed as Judge of Sindh High Court on 30 August 2013. She is the spouse of incumbent Chief Justice Supreme Court Justice Anwar Zaheer Jamali. But after four months, she was appointed Judge Federal Shariat Court on 26 December 2013.
But by keeping the law aside she was given extension as Additional Judge Sindh High Court After that a notification was issued on 28 October 2015 for her transfer to Federal Shariat Court, but as a matter of fact she was already performing her duties in FSC.
The applicant appealed the court that all her illegal appointments may be declared null and void. He also made Judicial Commission of Pakistan and Ministry of Law and Justice party in the case.