It has raised questions, seeking advice from the Court over the issue of seniority of judges, Judicial Commission and the Parliamentary Committee. The following are the details of questions raised in the Reference regarding appointment of judges in the Islamabad High Court:
"Whether in view of the decision by the Chief Justice of the Islamabad High Court that Mr Justice Riaz was the senior most judge of the IHC which decision of the Chief Justice was also confirmed by the President of Pakistan, Mr Justice Anwar Kansi could be treated as most senior judges of the IHC? "Whether Mr Justice Riaz had a legitimate expectancy to be appointed as Chief Justice of the IHC on the ground that he was the most senior judge of that Court in the light of the judgement of the Supreme Court in the Al-Jehad case referred to above?
"Whether the JCP acted in accordance with the Constitution and conventions thereof in recommending a junior judge as Chief Justice of the IHC? "Whether JCP was properly constituted as per provision of Article 175-A of the Constitution as Mr Justice Kansi who participated in the meeting was not a member thereof and was a stranger to the proceedings?
"Whether the President who is bound by oath of office to preserve, protect and defend the Constitution is obliged to make the appointments which are not in accordance with the provisions of the Constitution?" "What should be the manner, mode and criteria before the Judicial Commission with respect to the nomination of a person as a judge of High Court, Supreme Court and Federal Shariat Court in terms of Clause (8) of Article 175-5 of the Constitution of Islamic Republic of Pakistan 1973?
"What is the proper role of the Judicial Commission and Parliamentary Committee under the Constitution of Pakistan with respect to appointment of Judges of Supreme Court, High Court and Federal Shariat Court? "Whether the Constitution prohibits reconsideration of the nominations by JCP and confirmed by the Parliamentary Committee in the light of the observations made by the President?
"What should be the criteria for elevating a Judge/Chief Justice of the High Court to the Supreme Court? Is it , their seniority inter-se as Judge of the High Court on their seniority inter-se as Chief Justice of the respective High Court be the consideration for elevation to the Supreme Court?
"Whether the Constitution of Pakistan prohibits individual Members of the JCP to initiate names for appointments of Judges to the Supreme Court, the High court and the Federal Shariat Court? "The Parliamentary Committee under Article 175-A of the Constitution may confirm or may not confirm a nomination in accordance with the provisions stated therein. What is the true import and meaning of the word "Confirm" and what is the effect of the proviso to Clause 12 of Article 175-A which reads as follows "Provided further that if nomination is not confirmed, the Commission shall send another nomination."
"Whether by not providing in-camera proceeding for JCP in Article 175-A of the Constitution of Pakistan, the intention of the legislature is to ensure complete transparency and open scrutiny?" A four-member bench of the Supreme Court headed by Khilji Arif Hussain granted a period of two weeks on November 23 as the Attorney General for Pakistan Irfan Qadir apprised the bench that the President wanted to seek opinion from the Supreme Court through a presidential Reference on the appointment/extension of two additional judges of Islamabad High Court Justice Shaukat Siddiqui and Justice Noor ul Haq Qureshi.
According to details of the appointment of above mentioned judges, on October 22, the Judicial Commission of Pakistan 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.