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)
Thursday, February 18, 2010
Monday, February 15, 2010
President overrides CJ’s recommendation on judges’ elevation; SC suspends Zardari’s orders
ISLAMABAD: Saturday evening witnessed the zenith of the weeks long tense build-up between the Presidency and the Supreme Court over the issue of elevation of Lahore High Court chief justice to the Supreme Court and the appointment of his successor. The president first issued orders to this effect only to receive a stinging rebuke within hours from the Supreme Court which said ‘no thank you Mr president’ and suspended his freshly issued notifications.
The Supreme Court suspended the presidential order regarding appointment of Chief Justice Lahore High Court Khwaja Sharif as Judge Supreme Court and Justice Saqib Nisar as acting Chief Justice Lahore High Court declaring it a clear violation of Article 177 of the Constitution.
President Asif Ali Zardari through two different notifications had appointed Chief Justice Lahore High Court Khwaja Sharif as Judge Supreme Court and senior Judge LHC Justice Saqib Nisar as acting Chief Justice of the Lahore High Court.
Chief Justice Iftikhar Muhammad Chaudhry, however, took suo moto notice of the government notification immediately after its issuance and formed a three-member bench of the apex court for hearing the case.
The three-member bench headed by Justice Mian Shakiruallh Jan and comprising Justice Raja Fayyaz Ahmed and Justice Jawad S Khawaja while hearing the matter at 9pm suspended the two notifications of the government declaring it clear violation of Article 177 of the Constitution.
“Notification of Justice Khwaja Sharif as Judge Supreme Court has been suspended and he will continue as Chief Justice of Lahore High Court,” the court ruled after sending notice to Attorney General for Pakistan Anwar Mansoor Khan, secretary Law as well as registrar Lahore High Court for Feb 18.
The court also suspended the 2nd notification of the government regarding the appointment of Justice Saqib Nisar as acting Chief Justice of Lahore High Court and ruled that Justice Saqib will continue as senior judge of the Lahore High Court.
The court also restrained the governor Punjab, who was scheduled today (Sunday) to administer oath to Justice Saqib Nisar as acting Chief Justice Lahore High Court.
“So no step will be taken by any functionaries to administer oath to Justice Saqib Nisar as acting Chief Justice of Lahore High Court,” the court ruled.
Additional Registrar of the Supreme Court Sajid Mahmood Qazi placed on record of the court that there was no such recommendation of the chief justice of Pakistan for the appointment of Justice Khwaja Sharif as judge of the Supreme Court.
The court also issued notice to additional secretary Law and other officials under whose domain the notifications of appointment of judges were issued and directed them to appear before the court on Feb 18, wherein hearing into the case of delay in appointment of judges will be held.
A five-member larger bench of the apex court has already been constituted to hear the petitions filed against the government for delay in the appointment of judges in the superior courts.
The court had issued notices to Federal Government, attorney general for Pakistan and four provincial advocate generals in the case.
Earlier the court summoned Attorney General Anwar Mansoor Khan. However he was not available as he had flown to Karachi. The court through additional registrar of the Supreme Court intimated him on phone. However, he could not appear before the court and informed the court that the last available flight from Karachi took off at 7pm and he was unable to appear before the court.
Soon after Chief Justice Iftikhar Muhammad Chaudhry took suo moto notice of the presidential order, a large number of people thronged the Supreme Court building.
After the hearing of the suo moto case, people gathered outside the Supreme Court and chanted slogans in favour of the chief justice and supremacy of the constitution.
The incumbent PPP government on Saturday launched an open war with the county’s judiciary after setting aside the recommendations of Chief Justice Iftikhar Muhammad Chaudhry to President Asif Ali Zardari for appointment of Justice Saqib Nisar, a judge of Lahore High Court, as judge of the Supreme Court.
The president in violation of Article 177 of the Constitution, set aside the recommendation of the chief justice and appointed Justice Khwaja Muhammad Sharif, Chief Justice LHC as judge of the Supreme Court and appointed Justice Saqib Nisar as acting Chief Justice of Lahore High Court.
According to Article 260 of the Constitution, the president is bound to accept the recommendation of the chief justice for appointment of judges in the superior judiciary.
Legal circles believe that the government has waged an open war against the judiciary, which is not a good omen in the country’s prevailing situation.
“It’s a clear cut violation of the constitution and law as the president is bound to accept the recommendations of chief justice of Pakistan in the appointment of judges in the superior courts,” said Muhammad Ikram Chaudhry, senior advocate of the Supreme Court.
He said that by passing the recommendation of the chief justice and appointing Justice Khwaja Sharif as judge of the Supreme Court is clear cut violation of the constitution which is not a good sign and the president has waged an open war with the judiciary as well as creating rift between the institutions of the country.
It is for the first time in the history of Pakistan that a senior judge has been appointed as acting chief justice.
Earlier, there has been some tension between the government and the judiciary over the issue of elevating Justice Khwaja Sharif as judge of the Supreme Court.
Meanwhile, Chief Justice Lahore High Court Justice Khwaja Sharif and Justice Saqib Nisar, the senior most LHC judge, Saturday refused to accept the decision of the government.
Talking to Geo TV, Justice Saqib Nisar said he was invited to take oath as acting CJ of LHC on Sunday by Governor Salman Taseer, but he refused the invitation by saying: “The orders of Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry are binding for me and I will not take any step against the recommendation or instruction of the CJP.”
TEXT OF SC SHORT ORDER
“IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) PRESENT: Mr Justice Mian Shakirullah Jan Mr Justice Raja Fayyaz Ahmed Mr Justice Jawwad S Khawaja Constitution Petitions No 2, 3 & 4 of 2010
Nadeem Ahmed Advocate (in Const P.2/2010)
Khadim Nadeem Malik ....(in Const P.3/2010) Watan Party,etc. (in Const.P.4/2010) ....Petitioner (s) Versus Federation of Pakistan etc.
Respondents in all petitions for the petitioner(s): Nemo for the respondents: Nemo on court’s call: Qazi Sajid Mehmood, Additional Registrar Date of hearing: 13.02.2010
“ORDER: Today two notifications, one relating to the appointment of Mr Justice Khawaja Muhammad Sharif, Chief Justice of the Lahore High Court as a Judge of the Supreme Court and the other with regard to the appointment of Mr Justice Mian Saqib Nisar, Senior Puisne Judge of the Lahore High Court as Acting Chief Justice of that Court have been issued by the Government of Pakistan, Law, Justice and Parliamentary Affairs Division under the signatures of Malik Hakam Khan, Draftsman/Additional Secretary. The said notifications read as under: - “No.F.2(1)/2010-A.II.- In exercise of the powers conferred by Article 177 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to appoint Mr Justice Khawaja Muhammad Sharif, Chief Justice of Lahore High Court as Judge of the Supreme Court of Pakistan with immediate effect.
No.F.1(2)/2009-A.II.- In exercise of the powers conferred by Article 196 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to appoint Mr Justice Mian Saqib Nisar, Judge, Lahore High Court as Acting Chief Justice of the said High Court with effect from the date of the notification of the appointment of Mr Justice Khawaja Muhammad Sharif, Chief Justice of Lahore High Court as Judge of the Supreme Court of Pakistan.”
2. The Additional Registrar, who appeared on Court’s call, informed the Court that a news was telecast in the electronic media regarding the aforesaid notifications and it was also in the news that Mr Justice Mian Saqib Nisar would be administered oath by tomorrow morning (Sunday), which necessitated the hearing of this case as an urgent one and this Bench was constituted. Since it was an important matter, the Additional Registrar was directed to issue notice to the learned Attorney General including through telephone and we retired for a while until we were informed about the service of the notice upon the learned Attorney General. After some time we were informed by the Court Associate that the Additional Registrar, after informing the learned Attorney General through telephone about the hearing of the case had come to the Court, so we re-assembled.
3. The Additional Registrar, in his report stated that he informed the learned Attorney General for Pakistan through telephone who told him (Additional Registrar) that he was in Karachi at the moment and that the last scheduled flight from Karachi to Islamabad had already departed at 7:00 p.m., he expressed his inability to appear before the Court. Since the matter was of urgent nature, as stated earlier, steps would be required to be taken by the Governor of the Punjab to administer oath to Mr Justice Mian Saqib Nisar as Acting Chief Justice of the Lahore High Court by tomorrow morning, hearing could not be postponed without passing an appropriate interim order.
4. Article 177 of the Constitution of Islamic Republic of Pakistan provides that a Judge of the Supreme Court shall be appointed by the President after consultation with the Chief Justice of Pakistan. The Additional Registrar stated that according to the record of this Court no consultation had taken place by the President with the Hon’ble Chief Justice of Pakistan regarding the appointment of Mr Justice Khawaja Muhammad Sharif, Chief Justice of the Lahore High Court as Judge of the Supreme Court. In the light of the statement of Additional Registrar and also the note submitted by him and placed on the file of Constitution Petitions No. 2, 3 and 4 of 2010 relating to the same/almost the same matter, already pending before this Court in which notices had been issued and a larger Bench constituted for 18-2-2010, the notification of the appointment of Mr Justice Khawaja Muhammad Sharif as a Judge of the Supreme Court, prima facie, appears to have been issued in violation of the provisions of the Constitution, particularly, Article 177, hence the same is suspended subject to notice to the Federation of Pakistan through Secretary, Law, Justice and Parliamentary Affairs Division, the Attorney General for Pakistan and the learned Advocate General Punjab. Mr Justice Khawaja Muhammad Sharif shall continue to perform his duties as Chief Justice of the Lahore High Court until further orders of this Court. No steps to administer oath to him will be taken.
5. In view of the suspension of notification No.F.2(1)2010-A.II. dated 13.2.2010 regarding the appointment of Mr Justice Khawaja Muhammad Sharif as a Judge of the Supreme Court, the office of Chief Justice of Lahore High Court will not fall vacant, therefore, the second notification No.F.1(2)/2009-A.II of even date regarding the appointment of Mr Justice Mian Saqib Nisar as Acting Chief Justice of the Lahore High Court cannot be acted upon. Therefore, the same too is suspended. In consequence, Mr Justice Mian Saqib Nisar will also continue to perform his duties as a Judge of the Lahore High Court until further orders. Resultantly, no steps including administering of oath to Mr Justice Mian Saqib Nisar as Acting Chief Justice of Lahore High Court shall be taken by the concerned functionaries.
6. The Draftsman/Additional Secretary, Ministry of Law, Justice and Parliamentary Affairs, under whose signatures the aforesaid notifications have been issued, is directed to appear in Court on 18.02.2010, the date already fixed in the titled cases. The Registrar of the Lahore High Court shall also appear on the said date.”
(The News: 14 Feb 2010)
The Supreme Court suspended the presidential order regarding appointment of Chief Justice Lahore High Court Khwaja Sharif as Judge Supreme Court and Justice Saqib Nisar as acting Chief Justice Lahore High Court declaring it a clear violation of Article 177 of the Constitution.
President Asif Ali Zardari through two different notifications had appointed Chief Justice Lahore High Court Khwaja Sharif as Judge Supreme Court and senior Judge LHC Justice Saqib Nisar as acting Chief Justice of the Lahore High Court.
Chief Justice Iftikhar Muhammad Chaudhry, however, took suo moto notice of the government notification immediately after its issuance and formed a three-member bench of the apex court for hearing the case.
The three-member bench headed by Justice Mian Shakiruallh Jan and comprising Justice Raja Fayyaz Ahmed and Justice Jawad S Khawaja while hearing the matter at 9pm suspended the two notifications of the government declaring it clear violation of Article 177 of the Constitution.
“Notification of Justice Khwaja Sharif as Judge Supreme Court has been suspended and he will continue as Chief Justice of Lahore High Court,” the court ruled after sending notice to Attorney General for Pakistan Anwar Mansoor Khan, secretary Law as well as registrar Lahore High Court for Feb 18.
The court also suspended the 2nd notification of the government regarding the appointment of Justice Saqib Nisar as acting Chief Justice of Lahore High Court and ruled that Justice Saqib will continue as senior judge of the Lahore High Court.
The court also restrained the governor Punjab, who was scheduled today (Sunday) to administer oath to Justice Saqib Nisar as acting Chief Justice Lahore High Court.
“So no step will be taken by any functionaries to administer oath to Justice Saqib Nisar as acting Chief Justice of Lahore High Court,” the court ruled.
Additional Registrar of the Supreme Court Sajid Mahmood Qazi placed on record of the court that there was no such recommendation of the chief justice of Pakistan for the appointment of Justice Khwaja Sharif as judge of the Supreme Court.
The court also issued notice to additional secretary Law and other officials under whose domain the notifications of appointment of judges were issued and directed them to appear before the court on Feb 18, wherein hearing into the case of delay in appointment of judges will be held.
A five-member larger bench of the apex court has already been constituted to hear the petitions filed against the government for delay in the appointment of judges in the superior courts.
The court had issued notices to Federal Government, attorney general for Pakistan and four provincial advocate generals in the case.
Earlier the court summoned Attorney General Anwar Mansoor Khan. However he was not available as he had flown to Karachi. The court through additional registrar of the Supreme Court intimated him on phone. However, he could not appear before the court and informed the court that the last available flight from Karachi took off at 7pm and he was unable to appear before the court.
Soon after Chief Justice Iftikhar Muhammad Chaudhry took suo moto notice of the presidential order, a large number of people thronged the Supreme Court building.
After the hearing of the suo moto case, people gathered outside the Supreme Court and chanted slogans in favour of the chief justice and supremacy of the constitution.
The incumbent PPP government on Saturday launched an open war with the county’s judiciary after setting aside the recommendations of Chief Justice Iftikhar Muhammad Chaudhry to President Asif Ali Zardari for appointment of Justice Saqib Nisar, a judge of Lahore High Court, as judge of the Supreme Court.
The president in violation of Article 177 of the Constitution, set aside the recommendation of the chief justice and appointed Justice Khwaja Muhammad Sharif, Chief Justice LHC as judge of the Supreme Court and appointed Justice Saqib Nisar as acting Chief Justice of Lahore High Court.
According to Article 260 of the Constitution, the president is bound to accept the recommendation of the chief justice for appointment of judges in the superior judiciary.
Legal circles believe that the government has waged an open war against the judiciary, which is not a good omen in the country’s prevailing situation.
“It’s a clear cut violation of the constitution and law as the president is bound to accept the recommendations of chief justice of Pakistan in the appointment of judges in the superior courts,” said Muhammad Ikram Chaudhry, senior advocate of the Supreme Court.
He said that by passing the recommendation of the chief justice and appointing Justice Khwaja Sharif as judge of the Supreme Court is clear cut violation of the constitution which is not a good sign and the president has waged an open war with the judiciary as well as creating rift between the institutions of the country.
It is for the first time in the history of Pakistan that a senior judge has been appointed as acting chief justice.
Earlier, there has been some tension between the government and the judiciary over the issue of elevating Justice Khwaja Sharif as judge of the Supreme Court.
Meanwhile, Chief Justice Lahore High Court Justice Khwaja Sharif and Justice Saqib Nisar, the senior most LHC judge, Saturday refused to accept the decision of the government.
Talking to Geo TV, Justice Saqib Nisar said he was invited to take oath as acting CJ of LHC on Sunday by Governor Salman Taseer, but he refused the invitation by saying: “The orders of Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry are binding for me and I will not take any step against the recommendation or instruction of the CJP.”
TEXT OF SC SHORT ORDER
“IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) PRESENT: Mr Justice Mian Shakirullah Jan Mr Justice Raja Fayyaz Ahmed Mr Justice Jawwad S Khawaja Constitution Petitions No 2, 3 & 4 of 2010
Nadeem Ahmed Advocate (in Const P.2/2010)
Khadim Nadeem Malik ....(in Const P.3/2010) Watan Party,etc. (in Const.P.4/2010) ....Petitioner (s) Versus Federation of Pakistan etc.
Respondents in all petitions for the petitioner(s): Nemo for the respondents: Nemo on court’s call: Qazi Sajid Mehmood, Additional Registrar Date of hearing: 13.02.2010
“ORDER: Today two notifications, one relating to the appointment of Mr Justice Khawaja Muhammad Sharif, Chief Justice of the Lahore High Court as a Judge of the Supreme Court and the other with regard to the appointment of Mr Justice Mian Saqib Nisar, Senior Puisne Judge of the Lahore High Court as Acting Chief Justice of that Court have been issued by the Government of Pakistan, Law, Justice and Parliamentary Affairs Division under the signatures of Malik Hakam Khan, Draftsman/Additional Secretary. The said notifications read as under: - “No.F.2(1)/2010-A.II.- In exercise of the powers conferred by Article 177 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to appoint Mr Justice Khawaja Muhammad Sharif, Chief Justice of Lahore High Court as Judge of the Supreme Court of Pakistan with immediate effect.
No.F.1(2)/2009-A.II.- In exercise of the powers conferred by Article 196 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to appoint Mr Justice Mian Saqib Nisar, Judge, Lahore High Court as Acting Chief Justice of the said High Court with effect from the date of the notification of the appointment of Mr Justice Khawaja Muhammad Sharif, Chief Justice of Lahore High Court as Judge of the Supreme Court of Pakistan.”
2. The Additional Registrar, who appeared on Court’s call, informed the Court that a news was telecast in the electronic media regarding the aforesaid notifications and it was also in the news that Mr Justice Mian Saqib Nisar would be administered oath by tomorrow morning (Sunday), which necessitated the hearing of this case as an urgent one and this Bench was constituted. Since it was an important matter, the Additional Registrar was directed to issue notice to the learned Attorney General including through telephone and we retired for a while until we were informed about the service of the notice upon the learned Attorney General. After some time we were informed by the Court Associate that the Additional Registrar, after informing the learned Attorney General through telephone about the hearing of the case had come to the Court, so we re-assembled.
3. The Additional Registrar, in his report stated that he informed the learned Attorney General for Pakistan through telephone who told him (Additional Registrar) that he was in Karachi at the moment and that the last scheduled flight from Karachi to Islamabad had already departed at 7:00 p.m., he expressed his inability to appear before the Court. Since the matter was of urgent nature, as stated earlier, steps would be required to be taken by the Governor of the Punjab to administer oath to Mr Justice Mian Saqib Nisar as Acting Chief Justice of the Lahore High Court by tomorrow morning, hearing could not be postponed without passing an appropriate interim order.
4. Article 177 of the Constitution of Islamic Republic of Pakistan provides that a Judge of the Supreme Court shall be appointed by the President after consultation with the Chief Justice of Pakistan. The Additional Registrar stated that according to the record of this Court no consultation had taken place by the President with the Hon’ble Chief Justice of Pakistan regarding the appointment of Mr Justice Khawaja Muhammad Sharif, Chief Justice of the Lahore High Court as Judge of the Supreme Court. In the light of the statement of Additional Registrar and also the note submitted by him and placed on the file of Constitution Petitions No. 2, 3 and 4 of 2010 relating to the same/almost the same matter, already pending before this Court in which notices had been issued and a larger Bench constituted for 18-2-2010, the notification of the appointment of Mr Justice Khawaja Muhammad Sharif as a Judge of the Supreme Court, prima facie, appears to have been issued in violation of the provisions of the Constitution, particularly, Article 177, hence the same is suspended subject to notice to the Federation of Pakistan through Secretary, Law, Justice and Parliamentary Affairs Division, the Attorney General for Pakistan and the learned Advocate General Punjab. Mr Justice Khawaja Muhammad Sharif shall continue to perform his duties as Chief Justice of the Lahore High Court until further orders of this Court. No steps to administer oath to him will be taken.
5. In view of the suspension of notification No.F.2(1)2010-A.II. dated 13.2.2010 regarding the appointment of Mr Justice Khawaja Muhammad Sharif as a Judge of the Supreme Court, the office of Chief Justice of Lahore High Court will not fall vacant, therefore, the second notification No.F.1(2)/2009-A.II of even date regarding the appointment of Mr Justice Mian Saqib Nisar as Acting Chief Justice of the Lahore High Court cannot be acted upon. Therefore, the same too is suspended. In consequence, Mr Justice Mian Saqib Nisar will also continue to perform his duties as a Judge of the Lahore High Court until further orders. Resultantly, no steps including administering of oath to Mr Justice Mian Saqib Nisar as Acting Chief Justice of Lahore High Court shall be taken by the concerned functionaries.
6. The Draftsman/Additional Secretary, Ministry of Law, Justice and Parliamentary Affairs, under whose signatures the aforesaid notifications have been issued, is directed to appear in Court on 18.02.2010, the date already fixed in the titled cases. The Registrar of the Lahore High Court shall also appear on the said date.”
(The News: 14 Feb 2010)
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