The Supreme Court on Friday reserved its opinion on a presidential reference filed to seek guidelines regarding role of the referring authority in the appointment of judges of superior courts.
It also reserved its decision on a petition moved by Nadeem Ahmed advocate seeking a direction for issuance of notification about appointment of the Islamabad High Court judges.
A five-member bench comprising Justice Khilji Arif Hussain, Justice Tariq Pervez, Justice Ejaz Afzal Khan, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed made the announcement to reserve their opinion after conclusion of arguments by the parties.
Counsel for Nadeem Ahmed advocate Akram Shiekh concluded his arguments earlier, saying despite presence of Justice Muhammad Anwar Khan Kasi in the Judicial Commission meeting on October 22, the decision taken by the forum would remain effective.
He said under Article 175-A, absence of any member from the commission proceedings would not render the decision invalid.
Sheikh contended that due to a delay in the appointment of IHC judges, litigants of Islamabad were facing severe difficulties.
Attorney General for Pakistan Irfan Qadir and Wasim Sajjad, counsel for the referring authority, also completed their arguments.
They said the president enjoyed constitutional discretion and his role after the 18th and 19th Amendments had not been diminished to a ministerial one.
They said by virtue of Article 48 (2), the president had to act in his discretion as he was empowered by various constitutional provisions.
“Suppose the president noticed that the educational degree of a nominee judge appeared fake or he lacked the experience of standing in the bar, he could send back the matter for review,” they added.
They requested the court to give its opinion on a very critical constitutional issue that would have wider future implications.
Makhdoom Ali Khan, former attorney general for Pakistan, who was appointed as amicus curiae by the bench, was also of the opinion that the referring authority could seek opinion of the court under its advisory jurisdiction over a question of law.
However former Punjab advocate general Khawaja Haris, who was also appointed an amicus curiae, opposed the stance.
