* Justice Iftikhar Chaudhry says PM’s role excluded from process of appointment of superior courts’ judges despite the parliamentary form of government
By Masood Rehman
ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has said that the apex court must support the parliamentary system and should not weaken the chief executive and the prime minister.
Heading the 17-member full bench on Monday, the CJP observed that despite the parliamentary form of government in the country, the prime minister been has been excluded from the process of the appointment of judges to the country’s superior courts through the formation of the judicial commission under the 18th Amendment.
The full bench was hearing identical petitions challenging certain provisions of the 18th Amendment with particular reference to the formation of a judicial commission for appointment of judges to the superior courts.
The CJP said that in a parliamentary form of government, the president acted on the advice of the prime minister. He questioned how the parliamentary committee could directly send its recommendations to the president for appointment of judges.
In his remarks, the CJP said, “We are not appreciating the previous parliament that passed a resolution in favour of the November 3, 2007, unconstitutional steps taken by a military dictator, but we have great respect for the incumbent parliament, which did not validate those unconstitutional steps from the day one and blocked prospects of future adventurism.”
The CJP asked the federation’s lawyer, Wasim Sajjad, who was also part of the previous parliament, that such restriction on the judiciary would provide an opportunity for another illegal rule in future.
Referring to previous judgments, the CJP told Sajjad that the Supreme Court could examine any act of parliament.
Sajjad argued that no probe could be made in the legislature’s affairs and its motives.
The CJP said that the apex court in a Sindh High Court case, had struck down a purported provision and did not validate steps of a dictator relating to the suspension of fundamental rights and the establishment of the Islamabad High Court.
“It has struck down all purported provisions in shape of Article 270-AAA,” he added.
Wasim said Article 175-A was a special provision and the questions regarding the rationale behind the 18th Amendment were political issues.
Appearing on notice, Attorney General Moulvi Anwarul Haq submitted copies of all 980 suggestions received by the constitutional reforms committee from the general public.
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