Re: Jung Group
Justice Dogar may become CEC after retirement
Monday, January 05, 2009
By Tariq Butt
ISLAMABAD: Supreme Court Chief Justice Abdul Hameed Dogar is likely to be appointed the chief election commissioner (CEC) after his retirement in March this year. The incumbent CEC, Justice (retd) Qazi Mohammad Farooq, retires in mid-March after completing his three-year constitutionally mandated tenure.
“In spite of the deep lingering controversy over the unique jacking up of the FSc marks of her daughter by the Federal Board of Intermediate and Secondary Education, Justice Dogar is still hopeful that he would be made the CEC if, at all, his tenure as chief justice was not enhanced by three years,” a source told The News.
According to him, Justice Dogar has been hinted by the high-ups that he would be nominated as the next CEC as this appointment falls in the discretionary powers of President Asif Ali Zardari under the Constitution.
The source made it clear that there were not even slight chances of bowing the chief justice out before March 21, his retiring date on reaching the superannuating age of 65 years. He said that those who thought that the government would dump Justice Dogar during his present stay at the highest judicial office or even after retirement were sadly mistaken. “Thus far, the government has proved that it fully stands with the top judge,” the source pointed out.
Qazi Farooq was appointed the CEC on March 15, 2006 by the then President Pervez Musharraf. He had replaced Justice Dogar, who worked as the acting CEC for more than a year. Even before, Justice Dogar had gotten a long experience of working with the Election Commission as its member from Sindh because of his position of a judge of the Sindh High Court.
If Justice Dogar’s appointment materialised, he would be the second chief justice of Pakistan to become the CEC following his retirement after Justice Irshad Hassan Khan. About him, it was always sarcastically stated that Musharraf gave him three years to serve as the CEC in exchange for the three years that Justice Irshad had accorded to the military ruler while discarding the challenge to his unconstitutional Army takeover of October 1999 by presiding over an enlarged Supreme Court bench.
The source said that Justice Dogar met all the requirements and criterion laid down for the appointment to the office of the CEC. “There will be a chief election commissioner . . . who shall be appointed by the president in his discretion. No person shall be appointed as the commissioner unless he is, or has been, a judge of the Supreme Court or is, or has been, a judge of a high court, and is qualified . . . to be appointed a judge of the Supreme Court,” Article 213 of the Constitution says.
“The commissioner shall hold the office for a term of three years from the day he enters his office and the National Assembly may, by resolution, extend the term of the commissioner by a period not exceeding one year.”