ISLAMABAD: The 19th Constitutional Amendment passed recently by the Parliament was challenged in the Supreme Court of Pakistan on Monday.
The petition against 19th Constitutional Amendment has been filed by Shahid Aurakzai under Article 184 (3) of the Constitution, within 48 hours of assent of President Asif Ali Zardari to the amendment.
The petitioner prayed that apex court may instruct the Federal Government and Judicial Commission constituted for appointment of judges in higher judiciary to refrain from taking any move for appointment of the judges in Islamabad High Court.
The petitioner reminded the apex court that the latest amendment primarily aimed at removing the flaws in the 18th Amendment regarding the appointment in higher judiciary.
The petitioner pointed out that Article 81 had never been part of the 18th Amendment but was now amended to make room for expenditure on the new High Court.
The petitioner has contended that the expenditures listed in articles 81 and 121 cannot be granted by the National Assembly or provincial assembly until they are approved by the President or the Governor concerned.
The petitioner contended that the Supreme Court and the Federal Shariat Court, with the approval of the President and high courts with the approval of the governors concerned, may make rules providing for the appointment by the court of officers and servants of the court and for their terms and conditions of employment.
The President has no direct concern with the office of any high court and four governors are least concerned about the high court, the petitioner said.
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