Thursday, 22 November 2012

Judges appointment case: President decides to file reference

 ISLAMABAD: President Asif Ali Zardari has decided to file reference in Islamabad High Court (IHC) judges appointment case, Attorney General Irfan Qadir told the apex court, Geo News reported.
AG Irfan Qadir submitted written statement in the court on judges appointment case here Friday.
The Supreme Court four-member bench, headed by Justice Khilji Arif Hussain was hearing the case of appointment of two IHC judges.
The AG informed the court that owing to president’s engagement in D-8 summit he could not be contacted, adding instead, Law Minister Farooq H Naek was contacted in this regard.
Justice Asif Saeed Khosa asked whether it has been decided to file reference or it is being deliberated.
On this, attorney general said the president has decided to file reference, adding law minister informed him that the head of the state would file under article 186 of the constitution.
Later, the court adjourned hearing for two weeks and said if the president could not file reference in this time period the court would resume hearing again.
On Thursday, the Supreme 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.

The Judicial Commission had recommended confirmation of services of Justice Shaukat Aziz Siddiqui and six-month extension in the service of Justice Noor-ul-Haq N Qureshi and had sent it to the parliamentary committee for judges’ appointment for approval.

The Parliamentary Committee on Judges Appointment had approved the recommendations and the prime minister forwarded the same to the president for notification. But President Zardari did not give approval to nominations, questioning the composition of the JC that it was not valid because the ‘most senior’ judge of the IHC Justice Riaz Ahmad was not invited to attend the JC meeting on October 22.

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