District Judge’s Appointment Challenged
ISLAMABAD: A constitutional petition has been filed in the Islamabad High Court (IHC) seeking a writ of quo warranto against District and Sessions Judge (West) Islamabad, Nasir Javed Rana, questioning the legality of his judicial appointment in light of a 2004 Supreme Court ruling that declared him “unfit for judicial service.”
The petition, filed by Advocate Usama Riaz through his counsel Riaz Hanif Rahi, names the Government of Pakistan through the Ministry of Law and Justice and Mr Nasir Javed Rana as respondents. It has been submitted under Article 199 of the Constitution of Pakistan, 1973.
In his plea, the petitioner argued that the binding verdict of the Supreme Court in The State vs Nasir Javed Rana (PLD 2005 SC 86) has been disregarded for nearly two decades. The apex court had, in its judgment dated Oct 19, 2004, observed that Mr Rana had “a strong tendency of committing any mischief and is absolutely unfit for judicial service”.
The controversy originated when Mr. Rana, then serving as magistrate at New Town police station in Rawalpindi, allegedly granted a 10-day physical remand of senior lawyer Habibul Wahabul Kheri in his absence as police had not produced him in the court.
The Supreme Court took suo motu notice, ordered the lawyer’s release, and withdrew the magistrate’s judicial powers. The petition alleges that, despite this binding finding, the Lahore High Court exonerated Mr Rana in 2007 through an internal tribunal, paving the way for his subsequent promotions — first as Senior Civil Judge (2014), then Additional Sessions Judge (2015), and finally District Judge (2021).
The petitioner described this progression as a case of “elite capture” and violation of Articles 189 and 190 of the Constitution, which make Supreme Court judgments binding on all institutions.
It further points out that the federal government, through a notification dated Dec 14, 2022, appointed Mr Rana on deputation as Judge Accountability Court. He has been serving as District and Sessions Judge (West) Islamabad since February 2025.
The petition also refers to a January 2025 report in English daily, which raised questions about the legality of Mr Rana’s appointment. It seeks the IHC’s declaration that his current service is void ab initio, and that all pecuniary benefits drawn by him be recovered.
In a separate application for interim relief, the petitioner has urged the court to restrain Mr Rana from performing judicial functions until the case is decided.
Published in Dawn, October 5th, 2025