Presidential Reference: Supreme Court reserves verdict in IHC judges’ appointment case

The Supreme Court on Friday reserved its verdict on the reference filed by President Asif Ali Zardari seeking to clarify his role in the appointment of senior judges.

A five-member bench of the apex court headed by Justice Khilji Arif Hussain resumed hearing of the presidential reference moved under Article 186 of the Constitution, invoking its advisory jurisdiction.

In today’s hearing, Barrister Akram Sheikh – a petitioner – said that the composition of the Judicial Commission was completely lawful and said that the president cannot give suggestions on this.

He also informed the court that Justice Anwar Kasi had been recommended as the senior most judge, chief justice, adding that, Justice Kasi was eligible for membership of the JC.

Moreover, the counsel for the petitioner said a unanimous decision of the JC would not have been different even if Justice Kasi were to be treated as a stranger to the commission.The IHC Chief Justice Iqbal Hameedur Rehman had nominated Justice Riaz Ahmed Khan as a senior judge on Feb 2, 2011, he added.

However, Attorney General Ifran Qadir negated him, saying that the president was not bound to listen to the Supreme Court’s suggestion.

Earlier, the bench had earlier 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.

President Asif Ali Zardari filed the reference, which included 13 questions for the court. Earlier, he 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.

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Posted by Faisal Farooq on Dec 14 2012. Filed under National, Pakistan. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.