President Asif Ali Zardari has decided to file reference in Islamabad High Court (IHC) judges appointment case, Attorney General Irfan Qadir told the court.
A 4-member bench of SC headed by Justice Khilji Arif took up the case on appointment of judges in IHC for hearing on Friday.
During the course of hearing, AG filed a 2-page written reply from the government in SC with reference to induction of judges.
AG told the court President Asif Ali Zardari remained busy due to D-8 conference, therefore, he could not meet him. However he had met law minister Farooq H Naik and the latter had told that decision had been taken to file reference by the president in judges appointment case, he added.
President wanted to file reference under article 186 of the constitution and he had expressed his confidence on the court by taking decision for filing the reference, AG told the court.
Justice Asif Saeed Khosa remarked this was the constitutional way that the president sought guidance from the court and this way opinion of AG and advocate general would come through the presidential reference.
Akram Sheikh, counsel for the petitioner Nadim Ahmad advocate said the matter was subjudice and it was in the air that president was going to file reference. The decision taken at belated stage by the president for filing reference was based on malafide intent, he added.
He prayed the court that it was authorized to give decision on the petition despite filing of reference in this connection.
Justice Asif Saeed Khosa observed it be left to the courts what they have to do.
AG requested the court hearing be adjourned for 15 days. The court granting AG plea put off the hearing for two weeks.
The court also ordered if presidential reference was not filed within two weeks then Akram Sheikh petition would be taken up for rehearing.
President decides to file reference in judges’ seniority case
