PESHAWAR: Former additional judge of the Islamabad High Court Mohammad Azim Afridi has formally requested the president to refer the 2012 rejection of his case for regularisation by the Judicial Commission to the parliamentary committee for looking into `irregularities` In a representation sent to the president on Friday, Mr Afridi, currently working as the chairman of the Khyber Pakhtunkhwa Services Tribunal, pleaded that his case be referred to the Parliamentary Committee to enable that constitutional forum to examine it for confirmation and if the findings of the commission are found to be tainted with malice, then he should be restored with honour and all consequential benefits.

The Judicial Commission (JC) for the appointment of judges had not considered Mr Afridi for confirmation as the Islamabad High Court judge in its meeting on Oct 22, 2012.Mr Afridi, who is a district and sessions judge, was appointed the IHC additional judge in2011fora one year period.

While Mr Afridi had filed two petitions with the IHC and PHC against his non-confirmation, no noteworthy progress has taken place in the case.

Recently, the PHC sought comments from the federal government in the petition against the 20102 JC meeting.

In the representation, the applicant has also requested the president toissue directions for the prosecution of those involved in the subversion of the Constitution.

He said he recently learned that his case was finally decided by the JC without any lawful authority by excluding the Parliamentary Committee from the process as the JC was an entity vested with the authority of mere nomination, which at the most carried the weight of a proposal.

The applicant said the JC, despite lacking the authority to approve or disapprove, unconstitutionally decided the fate of his case without seeking confirmation from the Parliamentary Committee.

He said he served as the district and sessions judge in KP when he was elevated as the IHC additional judge against the seat reserved for Fata in 2011.

Mr Afridi claimed that he had dischargedhis duty as the additionaljudge honestly and with dedication but despite the satisfactory performance duly certified by the then IHC chief justice, he was not nominated for confirmation.

He said a judge of the IHC was given the task by the JC chairman to preempt any move by members of the commission to confirm him.

The applicant claimed that Justice Nasirul Mulk, one of the JC members, as the judge of the Supreme Court, informed the commission`s preparatory meeting that the integrity of Mr Afridi was above board and that he gave that observation in his performance evaluation report.

He said on Oct 25, 2012, he applied for the copies of the material considered by the JC for his non-confirmation but didn`t get positive response.

Mr Afridi said in a judgment, the Supreme Court had declared three IHC judges, including the then chief justice, guilty of illegal appointments to the court.

He added that Justice Iqbal Hameedur Rehman resigned from his office as the SC judge in line with that judgement but the other two continued to hold their respective offices.

The applicant said the appointments made by the president at the instance of the JC were not only illegal but detrimental to the image, future and survival of the judicature as well.