Hearing a petition for contempt of court against President Asif Ali Zardari, Prime Minister Raja Pervaiz Ashraf, the law minister and law secretary for not issuing notifications of appointment of the IHC judges in view of the SC's December 21 order, a four-member bench headed by Justice Khilji Arif Hussain directed Attorney General to file federal government's response.
During the proceeding Akram Sheikh, counsel for petitioner Nadeem Ahmed advocate, argued that on December 21, 2012 a five-member bench announced a short order and the reasons were not made part of it. “The order didn’t leave any ambiguity,” adding the order was passed in the presence of both the parties. Sheikh stated that government has acted against that order by not issuing the appointment notification of Shaukat Aziz Siddiqui as a confirmed judge and Noorul Haq Qureshi as an additional judge of the IHC for six months. “No one could violate orders of the judges of the apex court,” he said.
Justice Khilji Arif Hussain remarked, "Who has said that the government will not comply with SC orders.” Akram Sheikh stated that government has not acted in compliance with the SC order and the matter is before the bench.
Attorney General Irfan Qadir told SC that the federal government has filed a review petition in the case. In its review petition the federal government has contended that constitution doesn’t assign the judges of the superior courts with the role of appointment or removal of their brother judges and the president is the sole appointing authority of the judges.
Justice Khilji stated that federal government's review petition has not come before the bench. The AG stated that the federal government also filed a petition on Saturday requesting the court to suspend its December 21 decision until disposal of this case.
The court ordered to club the contempt of court petition against the top government officials and the review petition filed by the federal government. It then directed the AG to file government's response for not issuing notifications of the IHC judges appointment. Subsequently, the court adjourned hearing of the case until January 18.