The bench while announcing its reserved judgement directed the government to issue the notification on the appointment of two judges, namely Justice Shaukat Siddiqui and Justice Noorul Haq Qureshi. The short order noted, "After hearing the counsel for the petitioner and the learned Attorney General for Pakistan, and for the reasons to be recorded later, we accept this petition and direct the concerned authorities to issue notifications, thereby appointing Shaukat Aziz Siddiqui, as a Judge of Islamabad High Court, Islamabad, and Noor-ul-Haq N. Qureshi, as an Additional Judge of Islamabad High Court, Islamabad, for a period of six months giving effect from the date of expiry of their earlier notifications," the court announced in its short order".
Earlier, the Judicial Commission (JC) had recommended confirmation of services of Justice Shaukat Aziz Siddiqui and a six-month extension in the service of Justice Noor ul Haq N Qureshi. The confirmation was sent to the Parliamentary Committee on judicial appointments for approval.
The Parliamentary Committee unanimously approved the recommendations as per Article 175-A (13) of the Constitution, and the Prime Minister had then forwarded the recommendations to the President for notification. However, President Asif Ali Zardari did not grant approval and questioned the composition of the JC maintaining that it was not valid because the 'most senior' judge of IHC Justice Riaz Ahmad was not invited to attend the JC meeting on October 22.
President Asif Ali Zardari had also filed a reference in the Supreme Court under Article 186 of the Constitution, seeking the opinion of the court on the matter of appointment of IHC Judges in view of the 18th and 19th Constitutional Amendments. The short order, released on December 21, however, did not refer to the Presidential reference.
"From the perusal of material made available before us, it appears that the JC [hereinafter referred to as 'the Commission'] in its meeting held on October 22, 2012, under the provisions of Article 175-A of the Constitution, recommended Mr Shaukat Aziz Siddiqui, as a Judge and Mr Noor-ul-Haq N. Qureshi, as an Additional Judge for a period of six months, of Islamabad High Court, Islamabad, from the date of expiry of their tenure as Additional Judges of the said High Court," says the short order.
"We are of the view that even if it is assumed that one of the members, being non entity sat, voted and took part in the proceedings culminating in nomination, but it would not vitiate the proceedings when the Judicial Commission in view of Clause 8 of Article 175A of the Constitution has nominated by majority of its membership," the short order ruled.
The court announced the judgement in the instant petition and supported it with an earlier judgement on Managing Director, Sui Southern Gas Company LTD, Karachi v. Ghulam Abbas and Others (PLD 2003 SC 724).