Law ministry files today reference to seek SC opinion on appointment of superior courts’ judges

ISLAMABAD: In compliance with the Prime Minister’s directives, the federal law ministry will file a reference today (Friday) to seek Supreme Court’s advice under Article 186 of the Constitution on the issue of appointment of superior courts’ judges.

The reference has been signed by President Asif Ali Zardari. The reference will be filed by federal law minister Farooq H. Naek on behalf of President Asif Ali Zardari. The reference is being filed to obtain advice of the Supreme Court under Article 186 of the Constitution, inter alia, with regard to the appointment of Chief Justice of Islamabad High Court as well as the confirmation of the additional judges of Islamabad High Court.

On November 22, a case pertaining to extension in the tenure of two additional judges of the Islamabad High Court had taken a new turn before the Supreme Court after the Attorney General for Pakistan Irfan Qadir had informed it (SC) that the government wanted to file a presidential preference over the issue.

Questioning the composition of judicial commission on judges’ appointments, he had sought two weeks time from the Supreme Court for filing the presidential reference citing the need of seeking legal opinion on all issues related to appointments of IHC judges.

On October 22, the Judicial Commission of Pakistan had recommended the permanent appointment of IHC’s additional judge Shaukat Aziz Siddiqui and a six-month extension in the tenure of IHC’s additional judge Noorul Haq N. Qureshi.

On Nov 6 the Parliamentary Committee for appointment of superior courts’ judges had also endorsed the recommendations of Judicial Commission. The law ministry, however, had not issued a notification for extension in the tenure of these two judges and the matter is still pending before the Supreme Court for adjudication.

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