President to file reference, seek SC advice

ISLAMABAD: The Supreme Court was informed on Friday that President Asif Ali Zardari would file a reference to settle the issue of appointment of judges in the Islamabad High Court (IHC).

A four-member bench of the apex court, headed by Justice Khilji Arif Hussain, heard a petition of Nadeem Ahmad Advocate over the matter of confirmation and extension of two judges of the IHC.

Attorney General Irfan Qadir, in compliance with the court’s earlier direction, seeking instructions from the president on the issue, submitted his statement and informed the court that the president was going to file a reference under Article 186 of the Constitution to settle all the issues in a transparent manner as per the letter and spirit of the Constitution.

Irfan Qadir requested the court to adjourn the hearing for a fortnight so as to enable the filing of reference by the president. He further appraised the court that in compliance with the court’s directions, he endeavoured to seek audience with the president but the president was at that time preoccupied in the D-8 heads of state conference.

Later, the AG submitted that he contacted Law Minister Farooq H Naek who instructed him that the president intends to file a reference in order to obtain advice of the Supreme Court on the “complex” constitutional and legal questions which have arisen with regard to appointments of Noor-ul Haq Qureshi and Shaukat Aziz Siddiqui, including the non-confirmation of Azim Afridi as a judge of the IHC.

During the hearing, Akram Sheikh, counsel for the petitioner, said that the president’s decision to file the reference late on the issue was malafide intention, adding that the president should have filed the reference while returning the summary.

He further contended that the court was competent to decide the petition even after the filing of the reference. Meanwhile, the court adjourned the hearing for two weeks and said if the president could not file a reference in this time period, the court would resume hearing again.

On Thursday, the court had asked the attorney general to get the views of the president, asking as to what view the president would take as regards the legality of the commission if the most senior judge was not available and most senior available judge sat on the commission.

The court had observed that after 18th and 19th amendments, the president had no powers to turn down any recommendation for the appointment of superior court judges made by Judicial Commission on Judges’ Appointment and the Parliamentary Committee on Judges’ Appointment.

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