The reference will be filed by federal law minister Farooq H Naek on behalf of President Asif Ali Zardari, in compliance with directives from Prime Minister Raja Pervez Ashraf.
The reference is being filed to seek 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 the extension in the tenure of two additional judges of the Islamabad High Court had taken a new turn after the Attorney General of Pakistan Irfan Qadir had informed the SC that the government wanted to file a presidential reference over the issue.
Questioning the composition of judicial commission on judges' appointments, Qadir had then sought two weeks time from the Supreme Court for filing the presidential reference, citing a need to seeklegal opinion on all issues related to appointments of judges to the Islamabad high court.
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 Qureshi.
On November 6, a parliamentary committee for appointment of superior courts' judges had endorsed the recommendations of the judicial commission for appointing jurists.
However, the law ministry did not issue a notification for extension in the tenure of the two IHC judges and the matter remains pending before the Supreme Court for adjudication.
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