ISLAMABAD: The law ministry presented a reference, on behalf of President Asif Ali Zardari, before the apex court over the case of appointment of Islamabad High Court (IHC) judges on Thursday, DawnNews reported.
Under Article 186 of the Constitution, the president may refer any question of public importance to the Supreme Court on which he desires to seek opinion. The reference has raised 13 questions seeking an advice from the Supreme Court over the role of seniority of judges, judicial commission and parliamentary committee.
The reference questions asked whether the Constitution prohibits individual member of the JC to initiate the names of judges for appointment to the superior courts, questioning the legality of the composition of the 11-member JC in which Justice Muhammad Anwar Khan Kasi sat in place of senior judge Justice Riaz Ahmed Khan who was in Saudi Arabia for Haj when the commission met.
The reference further inquires about the legality of the decisions made by a commission, which was wrongfully constituted.
Another questions asked is whether the president, who has taken oath to protect, preserve and defend the Constitution, is obliged to make an appointment which, in his view, is not in accordance with the Constitution.