The government of Pakistan and its apex court came infront of each other when President Asif Ali Zardari appointed the top judges according to their seniority ignoring the recommendations of the top judge of the Supreme Court, Justice Iftikhar Mohammad Chaudhry.
The three member bench of Supreme Court suspended the Presidential order on the appointment of the judges on Saturday.
The three member bench started hearing the case of the appointment of judges after Chief Justice of Pakistan took suo moto notice of the Presidential order on the appointment of judges and formed three member bench to hear the case.
The three member bench has declared the appointed of Khuwaja Sharif as unconstitutional and appointment is against Article 177 of the constitution.
TOP LEVEL MEETING IN PRESIDENTIAL HOUSE
The top level meeting has started in Presidential House to discuss the post scenario situation of the Presidential order on the appointment of the judges. Ther meeting is being presided by President Zardar. Prime Minister is also present in the meeting.
On the other hand, Justice Saqib Nisar holds meeting with Justice Khuwaja Sharif on the post scenario of the presidential order on the appointment of the judges.
PRESIDENT APPOINTS KHUWAJA SHARIF AS SC JUDGE AND SAQIB NISAR AS CHIEF JUSTICE LHC
President Asif Ali Zardari has appointed Justice Khuwaja Sharif as Supreme Court judge while Justice Saqib Nisar was appointed as the Chief Justice of Lahore High Court (LHC) on Saturday.
The decision regarding the appointment of the two judges was made in the meeting presided by the President Asif Ali Zardari in the Presidential House.
The meeting was attended by Prime Minister Syed Yousuf Raza Gilani, Senate Chairman Farooq H Naek, Federal Law Minister Babar Awan and Attorney General Latif Khosa.
Farhatullah Babar, Spokesman of Presidential House said, while contacted by SAMAA, that neither he can ratify the news of appointment of judges nor deny it.
CHIEF JUSTICE SENDS SUMMARY TO GOVERNMENT FOR APPOINTMENT OF JUDGES
The Chief Justice Iftikhar Mohammad Chaudhry has sent a summary to the government for appointment of Justice Saqib Nisar as a Supreme court Judge while Justice Khuwaja Sharif as Chief Justice Lahore High Court.
SUMMARY REGARDING APPOINTMENT OF SC JUDGES RETURNED
The government returned the summary to Chief Justice Iftikhar Muhammad Chaudhry regarding the appointment of Justice Saqib Nisar as Supreme Court judge and asked him to provide a new summary for the appointment of the Supreme Court judge.
The Law Ministry stated that the summary was been sent back to Chief Justice on the instruction of Prime Minister Syed Yousuf Raza Gilani. The Law Ministry considers Chief Justice Lahore High Court Justice Khawaja Muhammad Sharif to be more eligible than Justice Saqib Nisar for the appointment of a Supreme Court judge keeping the Al Jihad Trust case in mind, which states that the most senior judge must be appointed as a Supreme Court judge.
Earlier, PM Gilani had also advised President Asif Ali Zardari to ask Chief Justice to provide a new summary concerning the appointment of Supreme Court judge.
CHIEF JUSTICE SENDS BACK SAME SUMMARY TO GOVERNMENT FOR APPOINTMENT OF JUDGES
The Chief Justice Iftikhar Mohammad Chaudhry sent back the same summary to the government for appointment of Justice Saqib Nisar as a Supreme court Judge while to retain Justice Khuwaja Sharif at the position of Chief Justice Lahore High Court.
REACTION
Rasheed A. Rizvi, Law Expert said ehile talking to SAMAA that the government has taken wrong step by defying the Chief Justice’s summary.
He said that the government has started confrontation with the judiciary.
He said that the government should not opt for the confrontation with judiciary because it would not serve the interests of the country in any way.
Ali Ahmed Kurd, Law Expert said while talking to SAMAA that Supreme Court has not taken the right verdict to declare the Presidential order asd null and void.
he said that there were many other ways to response to the Presidential order on the appointment of the judges.
He said that the steps which have taken place in previous few hours are not in the interest of the country.
He said the government and the judiciary are in the mood confrontation with each other.
Qamar-uz-Zaman Kaira, Federal Information Minister said that the government has taken all the consultation before taking decision on the appointment of the judges.
He said that the government has a very clear view point. The government has not done any wrong thing on taking the decision on the appointment of the judges. We would give our viewpoint in Supreme Court.
He said that we are working according to the constitution of the country.
He said that we do not see any confrontation between the government and the Supreme Court. All institutions are working in their limits.
Ahmed Raza Kasoori, Law Expert said while talking to SAMAA that President Zardari has not taken right decision. President Zardari is not playing a neutral role.
He said that President Zardari has taken wrong decision to defy the Chief Justice’s summary on the appointment of the judges.
Senator S.M Zafar, Law Expert said while talking to SAMAA that the view point will be clear after reading the preferences sent in the summary by the Chief Justice Iftikhar Mohammad Chaudhry.
He said that the decision seems to be in the interest of the country. President needed to follow the summary sent by the Chief Justice.
He said that if there would be any confrontation among the institutions of the country that would not be in the interest of the country.
Akram Sheikh, Law Expert said while talking to SAMAA that the government has violated the constitution. President Zardari should protect the constitution and should not violate the constitution.
Al Jihad Trust Case clearly explains the process of appointment of judges. There was need for the government to act on the summary sent by appoint of the judges.
He said that President Zardari has taken a wrong step which would lead to the confrontation between the institutions.
Farrukh Naseem, Law Expert said that the government has violated the rules and the regulations of the constitution. President Asif Ali Zardari cannot go against the list recommended by Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry for appointment of the judges.
He said that these sort of steps would further lead to the confrontation of the institutions in the country.
Athar Minullah, Law Expert said that we need to show responsibility in the legal matters because Pakistan had many enemies which want to exploit the issues like this. We have to save our country from any confrontation of the institution.
He said that the government has taken the wrong step by not following the recommendations of Chief justice but there is Parliament which can make accountability of the government. The institutions are not only responsible for this crisis but individuals holding important government positions like Governor Punjab Salman Taseer are also responsible for the crisis. Governor Punjab had no power to stop the summary of appointment of new judges in LHC and not to move it for two months to President Zardari for approval. The government is not taking steps in the right direction.
Earlier, Federal Information Minister Qamar-uz-Zaman Kaira said while talking to SAMAA that the government has made decision according to the constitution because the appointment of the two judges didn’t affect the government.
He said that all the institutions have to decide the issues according to rules and regulations of the constitution.
He said that President has ordered the appointment of the judges according the constitution of the country after making consultations with the legal experts.
Qazi Anwar, President Supreme Court Bar said while talking to SAMAA that the government has taken wrong step to go against the summary sent by Chief Justice Iftikhar Mohammad Chaudhry.
He said that Justice Saqib Nisar has refused to take oath as Chief Justice Lahore High Court. The government has made an effort to divide the judiciary into two camps but the government’s effort would go in vein.
He said that the government has taken wrong step which would lead to further confrontation between the institutions.
He said that the judiciary has the complete support of the public and the media. And no one can harm the judiciary.
He said that the confrontation among different institutions is not in interest of the country.
Fauzia Wahab, leader PPP said while talking to SAMAA that the government has taken the right decision according to the constitution of the country. And the decision for appointment of the new judges have been made in view to the Al Jihad Trust case.
She said that according to Al Jihad Trust case, the senior most judge must be appointed as Supreme Court judge.
Source:-
SAMAA – http://www.samaa.tv/News17019-SC_suspends_Presidential_order_on_appointment_of_judges.aspx
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