Judges appointment: Hearing of contempt of court, review petitions adjourned

ISLAMABAD: The Supreme Court of Pakistan (SC) has adjourned the contempt of court and government’s review petition hearing till indefinite period Friday, Geo News reported.
A special five-judge bench headed by Justice Khilji Arif heard the contempt of court petition against the president, prime minister and Law minister in the judge’s appointment case moved by Nadeem Ahmed Advocate.
During today’s hearing, Abdul Rauf told the court that counsel of the petitioner Akram Sheikh has pleaded for stay-order. On this, Justice Khilji remarked that there is no need of stay as the review petition is now ineffective.

Attorney General Irfan Qadir requested to uphold the review petition till court issues its detailed verdict in the case. Review petition after the short order was filed to prevent contempt of court and to retain the right to appeal, he added.
Justice Khilji Arif said that the notification of the appointment has been issued, thus, turning the petitions ineffective.
Later, the court adjourned the hearing while upholding the petitions.
The federation under Article 188 of the Constitution, had filed a review petition in the SC through Attorney General Irfan Qadir, seeking review of the apex court’s order of Dec 21, 2012 wherein the court directed President Asif Ali Zardari to issue notifications about appointment of Justice Shaukat Aziz Siddiqui as a regular judge and Justice Noorul Haq N Qurashi as additional judge for six months.
The Judicial Commission on September 22, 2012 recommended the appointments of these judges. The federation however, contended that the court’s short order sought to be reviewed had errors of law and fact apart from being incapable of implementation which in itself constituted sufficient cause for seeking the review of the instant order.
The government prayed to the court to review its order and discard the instant constitutional petition, filed by Advocate Nadeem Ahmed. The review petition contended that under Article 177 and 193 read with clause 13 of Article 175-A of the Constitution, the president is empowered to make the appointment of judges, adding where the president has been specifically empowered to do something as per Article 48[2] of the Constitution, he shall then act at his discretion.
On December 21, 2012, the court had withheld its finding on the reference sent by President Asif Ali Zardari to the Supreme Court by invoking its advisory jurisdiction.
President Asif Ali Zardari, through a presidential reference had sought the opinion of the Supreme Court on a host of questions including the seniority dispute between Justice Riaz Ahmed Khan and Justice Mohammad Anwar Khan Kasi, both judges of the Islamabad High Court (IHC).
The court however on December 21, 2012 in its short order in the constitutional petition of Nadeem Ahmed had directed the president to issue notifications regarding the appointment of two judges of Islamabad High Court.
It is pertinent to mention here that Nadeem Ahmed advocate, the petitioner, the other day filed a contempt petition in the Supreme Court, praying to initiate contempt of court proceedings against President Asif Ali Zardari and others for willfully subverting and violating the Constitution as well its order pertaining to the appointment of Judges in Islamabad High Court deliberately.