IHC judges case: Govt seeks more time to file presidential reference
Reference seeks legal opinion on all issues related to appointments of IHC judges.
ISLAMABAD:
The Islamabad High Court (IHC) judges’ appointment case took a new turn on Friday as the government sought time from the apex court over appointing judges at the IHC.
While questioning the composition of judicial commission on judges appointments, the government on Friday sought two-weeks time from the Supreme Court for filing a presidential reference citing the need of seeking legal opinion on all issues related to appointments of IHC judges.
Legal wizards indicated that this process may take few weeks, while during this period only three IHC judges will remain available to hear more than 10,000 pending cases. Opposing the proposed presidential reference, the counsel for petitioner Akram Sheikh suggested the court to transfer all pending cases from IHC to SC so that litigants may not suffer in this legal battle.
Sheikh also requested for interim relief but the court declined it.
Attorney General Irfan Qadir submitted a written reply on behalf of the federal government. He told the court that he could not approach President Asif Ali Zardari due to D-8 Heads of State Conference and Law Minister Farooq H Naek instructed him that President Zardari intends to file a reference in order to obtain advice of the Supreme Court on the complex constitutional and legal questions arising in wake of the conundrum surrounding appointment of IHC chief justice along with reappointments of Noorul Haq Qureshi and Shaukat Aziz Siddiqui and the non-confirmation of Azim Afridi as a judge of the IHC.
One year tenure of these judges expired on November 20 and they officially stand retired.
“A reference under article 186 of the Constitution is being prepared to settle all these issues in a transparent manner as per the letter and spirit of the Constitution,” Qadir said replying to Justice Asif Saeed Khosa’s query that whether it was a desire of the president or decision in final.
The Islamabad High Court (IHC) judges’ appointment case took a new turn on Friday as the government sought time from the apex court over appointing judges at the IHC.
While questioning the composition of judicial commission on judges appointments, the government on Friday sought two-weeks time from the Supreme Court for filing a presidential reference citing the need of seeking legal opinion on all issues related to appointments of IHC judges.
Legal wizards indicated that this process may take few weeks, while during this period only three IHC judges will remain available to hear more than 10,000 pending cases. Opposing the proposed presidential reference, the counsel for petitioner Akram Sheikh suggested the court to transfer all pending cases from IHC to SC so that litigants may not suffer in this legal battle.
Sheikh also requested for interim relief but the court declined it.
Attorney General Irfan Qadir submitted a written reply on behalf of the federal government. He told the court that he could not approach President Asif Ali Zardari due to D-8 Heads of State Conference and Law Minister Farooq H Naek instructed him that President Zardari intends to file a reference in order to obtain advice of the Supreme Court on the complex constitutional and legal questions arising in wake of the conundrum surrounding appointment of IHC chief justice along with reappointments of Noorul Haq Qureshi and Shaukat Aziz Siddiqui and the non-confirmation of Azim Afridi as a judge of the IHC.
One year tenure of these judges expired on November 20 and they officially stand retired.
“A reference under article 186 of the Constitution is being prepared to settle all these issues in a transparent manner as per the letter and spirit of the Constitution,” Qadir said replying to Justice Asif Saeed Khosa’s query that whether it was a desire of the president or decision in final.