Government Surrenders to Chief Justice

ISLAMABAD: One bold step of Prime Minister Syed Yousuf Raza Gilani on Tuesday night followed by his rare meeting with Chief Justice Iftikhar Muhammad Chaudhry on Wednesday eased the prevailing tension in the country altogether and averted a possible clash between the executive and the judiciary.
Just minutes after his meeting with Chief Justice Iftikhar Muhammad Chaudhry at the Prime Minister House, Syed Yousuf Raza Gilani announced the good news that he had promised with the nation on Tuesday night, saying a notification in suppression of the earlier notifications would be issued tonight (Wednesday) for the appointment of judges. Consequently, Justice Saqib Nisar and Justice Asif Saeed Khosa of the Lahore High Court would be elevated as judges of the Supreme Court while retired judge Justice Khalilur Rehman Ramday would be appointed as an ad hoc judge of the apex court while Justice Khawaja Muhammad Sharif would continue as Chief Justice Lahore High Court.
“Today’s decision was taken in the best interest of Pakistan, the nation and political stability and now the crisis is over,” said Gilani after a marathon meeting with Chief Justice Iftikhar Muhammad Chaudhry that lasted over three hours.
When Prime Minister Gilani and Chief Justice Iftikhar Muhammad Chaudhry came out, media persons asked questions from the chief justice asking whether he would also visit the Presidency but the chief justice parried the questions and sat in his car smilingly.
After the press talk at the Prime Minister House, the prime minister also took the National Assembly into confidence about his meeting with Chief Justice Iftikhar Muhammad Chaudhry. Earlier, talking to the newsmen at the Prime Minister House, Gilani said the recommendations of the chief justices of Lahore and Sindh high courts would also be duly implemented after consultation with the governors of the provinces concerned tonight.
Answering a question, the prime minister said the meeting with the chief justice was part of the consultative process and it is a proper procedure under the Constitution. He said matters settled during the meeting on Wednesday would be sent to the president with advice for implementation.
Answering a question, the prime minister said stability and strengthening of democracy is in the interest of the country and all players should play their due role in this process. He made it clear that there was no deadlock on any issue with the judiciary and all issues had been resolved amicably through the consultation process in the great national interest.
He said it is democracy and the consultative process that has resulted in the resolution of all issues. “We have been successful to solve all problems today earlier than tomorrow for which the nation was waiting anxiously,” he added.
When asked whether his decision enjoyed the blessings of the Presidency, the prime minister said he and the president belonged to the same party and this decision had his blessings.
Answering another question, he said man makes mistakes and every wrong has a remedy that is reflected in Wednesday’s consultative process. “We reached a positive conclusion under the ambit of the Constitution,” he said.
Regarding the endorsement of the restoration of the judges from parliament, Gilani said that it was an opinion of some constitutional experts but his own intention was only to restore the judges according to the Constitution and aspirations of the people. “There is no need for the endorsement now,” he said.
The prime minister once again reiterated his commitment that the government will fully implement the verdict of the Supreme Court on all issues. He negated the doctrine of necessity and said there was no need of such doctrine while democracy was in process and both the state institutions, including the judiciary and the executive have to work collectively for the progress and development of the country.
Later addressing the National Assembly, Prime Minister Gilani said resolution of the issue of appointment of judges in the superior courts has averted crisis-like situation and apprehensions about the clash of institutions.
Taking the National Assembly into confidence over the consultative process he held earlier with the chief justice on the issue, he said it was participatory, meaningful and consensus-oriented as required under the Constitution.
The prime minister said there was a consensus in the House that they should take the judiciary along and the leader of the opposition was also of the view that there should be no clash with the judiciary.
Gilani said he too had announced that the government had the highest regard for the judiciary and would accept its verdicts. Referring to the points raised by Chaudhry Nisar Ali Khan, the prime minister said during his meeting with Nawaz Sharif and the leader of the opposition he had hinted at reissuing the notification the next day regarding the appointment of judges. He said the objective was to take the opposition into confidence and not to mislead it.
Similarly, he said he telephoned Nawaz Sharif on Tuesday night telling him that the issue would be resolved very soon and within two hours he met the chief justice at a dinner in Islamabad.
The prime minister dispelled the impression that the government wanted to push through the points in the Charter of Democracy regarding procedure for appointment of judges with a view to appointing judges of its choice after constitutional amendments.
He said he clarified that the procedure for appointment of judges under the CoD would not be applicable to the present judiciary. Meanwhile, a press release issued after the meeting between Prime Minister Syed Yousuf Raza Gilani and Chief Justice Iftikhar Muhammad Chaudhry stated that on the invitation of Prime Minister Syed Yousuf Raza Gilani, the Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhry, met him at the PM House here on Wednesday as part of the consultative process for appointments in the superior judiciary which was participatory, and consensus-oriented.
As a consequence of the meeting, it was decided that in supersession of earlier notifications, Justice Khawaja Muhammad Sharif shall remain the chief justice of the Lahore High Court and three judges are being appointed in the Supreme Court of Pakistan: Justice Saqib Nisar, Justice Asif Saeed Khosa and Justice Khalilur Rehman Ramday (ad hoc). The process for the elevation of judges to the Lahore High Court and the Sindh High Court has been finalised and a notification in this regard is being issued today after observing procedural requirements.
The meeting took stock of institutional framework as enshrined in the Constitution and it was reiterated that the rule of law forms the basis for functioning of all the state organs to ensure greater welfare of the people.
It was agreed that in order to achieve this goal the process of consultation among the pillars of the state should be constructive and meaningful. It was felt that the judiciary would be further strengthened to provide cheap and immediate justice to the public at their doorsteps.
The prime minister said the government holds the judiciary in high esteem and shall implement all its decisions in letter and spirit. The chief justice of Pakistan said the judiciary would continue to play its role for upholding the rule of law and Constitution to strengthen the democratic system for the greater glory of Pakistan.
APP adds: When asked whether the meeting would have any impact on the decision of the Supreme Court on the NRO, the prime minister said the court decision would be fully implemented.About the court’s verdict on the appointment of chairman National Accountability Bureau (NAB), Gilani said: “Leave the decision about the NAB to the government.”

(The News: 18 Feb 2010)