IHC judges' case: SC reserves its verdict on Presidential reference
15 December, 2012
ISLAMABAD:The Supreme Court on Friday reserved its verdict on the reference filed by President Asif Ali Zardari seeking a court advice to resolve a controversy over the appointment of Islamabad High Court judges.
Heading a five-member bench, Justice Khilji Arif Hussain observed that while a provision in article 175A of the Constitution stated that seniority would be considered in the appointment of the Chief Justice of Pakistan, no such provision existed on the appointment of high court chief justices.
The reference, which included 13 questions for the court, was filed in the Islamabad High Court judges' appointment case.
The President had held notifications on the appointments of IHC judges, as recommended by a Judicial Commission meeting, on the grounds that Justice Anwar Khan Kasi, a member of the meeting, was not as senior as the justice he was replacing on the Judicial Commission.
During the hearing, Akram Sheikh, who is counsel of the petitioner said that the composition of the Judicial Commission was completely lawful and said that the president cannot give suggestions on this.
Attorney General Ifran Qadir negated him, saying that the president was not bound to listen to the Supreme Court's suggestion.
After completion of arguments by Akram Sheikh, the SC reserved its verdict on the reference filed by the President seeking to clarify his role in the appointment of senior judges.