The delay in presidential approval of judicial appointments has started affecting the functioning of the superior judiciary, with the tenure of an additional judge of the Sindh High Court (SHC) already expiring and four additional judges of the Peshawar High Court (PHC) facing a similar situation within days.

The Judicial Commission of Pakistan (JCP) had recommended extensions for these judges, but the recommendations are still awaiting formal approval from the Presidency.

Justice Khalid Hussain Shahani of the SHC was appointed as an additional judge on January 29, 2025, for a one-year term. On January 22 this year, President Asif Ali Zardari approved a six-month extension on the recommendation of the JCP, extending his tenure until July 29.

Before the expiry of his extended tenure, the JCP, in its meeting held on July 20, recommended another six-month extension for Justice Shahani. The recommendation was forwarded through the constitutional procedure to the president, who is the appointing authority. However, the approval remains pending and no notification has been issued so far.

As a result, Justice Shahani’s tenure expired on July 29. Despite the expiry, the Sindh High Court included his name in its latest roster of judges forming benches, expecting that the notification would be issued soon.

Sources in the Presidency, however, maintained that an additional judge cannot continue performing judicial duties after the expiry of the tenure unless the president approves the extension and the Law Ministry issues the formal notification.

The sources referred to the case of former Islamabad High Court judge Justice Shaukat Aziz Siddiqui, whose confirmation as an additional judge was declined by then-president Asif Ali Zardari in October 2012 despite the JCP’s recommendation. The matter was later handled by the Law Ministry, but when it reached the Supreme Court, the apex court observed that after the 18th and 19th Constitutional Amendments, the president’s role in judicial appointments had become largely ceremonial and that the president was bound to act on the advice of the prime minister.

When contacted, SHC Registrar Asif Qureshi said he would examine the matter.

A similar issue is now emerging in the Peshawar High Court, where the tenure of four additional judges — Justice Farah Jamshed, Justice Inamullah Khan, Justice Sabitullah Khan and Justice Aurangzeb — is scheduled to expire on August 4.

The four judges were appointed as additional judges on February 4, 2025. During its meeting on January 15, the JCP considered the confirmation of 10 PHC additional judges. It confirmed six judges as permanent members of the court while recommending a six-month extension for the remaining four judges. The president subsequently approved that extension, which is now nearing completion.

The JCP has already recommended a further extension for the four judges, but the matter is still awaiting presidential approval.

The uncertainty comes shortly after the Presidency delayed approval of appointments of additional judges to the Islamabad, Lahore, Sindh and Balochistan High Courts. The recommendations, approved by the JCP on July 20 and 21, have not yet been notified, creating concern among judicial and legal circles.

Pakistan Bar Council Vice Chairman Pir Masood Chishti said that an additional judge whose extension notification had not been issued by the president could not continue exercising judicial powers after the expiry of the tenure.

“Once the president grants approval and the Law Ministry issues the notification, the judges can resume their duties,” he said.

Supreme Court Bar Association President Haroon Rashid also expressed concern over the delay, stating that constitutional recommendations regarding judicial appointments could not remain pending indefinitely.