Another proof that CJ Iffti is fast becoming the dictator. He is in process of “pick and choose” for both judges and also the old decisions of SC. SC decided in famous Al-Jehad Trust case that Senior Most Judge of the high-court will be elevated to SC but Ch Iffti is not following that SC ruling. Even his hard core supporters like Ali Kurd, Justice Tariq, Eitazaz, Asma Jahangir etc are unable to defend him.
CJ has opened this another front with Govt. He just want to keep justice Sharif in Punjab “just in case” he need him there. Punjab CJ (justice sharif) is not only vocal in media (which Judge should not be,) but he dont keep his soft corner for Nawaz/Shahbaz hidden.
Verdict awaited Will Justice Sharif go home in 2010, or 2013?
ISLAMABAD: The omission of CJ LHC, Khawaja Sharif’s name from CJ Iftikhar Chaudry’s recommendation for the elevation of LHC’s senior most judge to the seat being vacated by Justice Khalil Ramday’s retirement on January 12th, has created a controversy in the light of principle of judges appointment as determined in the famous Al Jihad Trust case of March 24, 1996.
And the situation becomes all the more interesting considering that were matters to go ahead as originally proposed then Justice Sharif, who refused to take oath from PCO CJ Dogar in the wake of the Nov 3rd Musharraf emergency, would retire and go home in the next few months (in November 2010) while Justice Saqib Nisar, who had taken oath from CJ Dogar to side with the pro-Musharraf judges, would be elevated to the Supreme Court.
Former Chief Justice of Pakistan, Justice (retd) Saeeduz zaman Siddiqi talking to The News said that a junior judge could be appointed as SC judge if the senior most judge had first declined to join SC. But, Mr Siddiqi clarified that even in such an event of refusal to accept the elevation to SC the refusing senior most judge would be required to go home.
The widely respected Justice (r) Tariq Mahmood also disagreed with the decision of Chief Justice Iftikar Mohammad Chaudhary to recommend Justice Saqib Nisar as the new judge of the SC. Talking to The News, Justice (r) Tariq did not mince his words when he said if we follow the principle established in the Al Jihad Trust case, “…then honestly speaking, CJ LHC Khawaja Sharif should have been recommended for the elevation to the post of a SC judge and not Justice Saqib Nisar”.
Justice (r) Tariq had earned public respect after his refusal to fall in line and back the bogus referendum of Musharraf in 2002- when Mushharraf was at the peak of his power and even the Supreme Court judges of the time had given him the sweeping powers to tinker with the Constitution and rule the country as per his whim. But, Justice Tariq did not compromise on his integrity and principles and had resigned in protest. He later fought the case of CJ Iftikar Mohammad Chaudhary after Musahrraf sent a reference against the then deposed CJ.
Another top constitutional lawyer Akram Sheikh told The News that there had been only one precedent when CJ Balochistan High Court Justice Amirul Mulk Mengal had refused to join SC at Islamabad despite
his nomination and subsequently he was retired. At the time, he told, Mian Ajmal was the Chief Justice of Pakistan and Nawaz Sharif was the prime minister. Justice Mengal wanted to stay in Balochistan but his request was not granted and he had to go home. But, Akram Sheikh added that as far the case of CJ LHC Kh Sharif was concerned, unlike Mian Ajmal who had recommended the name of Justice Mengal, Justice Sharif’s name had not been recommended by the present Chief Justice Iftikar Mohammad Chaudhary to the president, so Justice Sharif could continue to be CJ LHC till his retirement. Mr Sheikh went on to elaborate that, “The junior judge could only be recommended for SC, if the earlier recommended senior most judge had himself refused to accept the offered elevation to the Supreme Court, and that apparently is not the case here”.