ISLAMABAD: PML-N chief Nawaz Sharif has assured the top lawyers’ leadership that his party would sincerely seek the reconstitution of the proposed judicial commission for the appointment of judges to the greater advantage of the judiciary.
Supreme Court Bar Association (SCBA) President Qazi Anwar, who along with his team held two sessions with the PML-N chief at Jati Umrah on Saturday, told The News on phone from Lahore that Nawaz Sharif had assured them that his party would convince the parliamentary committee to reconstitute the judicial commission to the extent of reducing its members from six to five by dropping the law minister as its member.
He said the PML-N chief, who was assisted by Chaudhry Nisar Ali Khan, Shahbaz Sharif, Ishaq Dar and Khawaja Haris, said that although it would not be possible for his party to get the recommendations pertaining to judges’ appointment changed altogether, yet it would be ensured that the Commission’s recommendations would be made binding on the parliamentary committee and that if it disagrees on any name, it has to give reasons in writing with the support of the 3/4th of its total members.
These reasons, Qazi Anwar explained, however, would be justiciable i.e. such reasons could be adjudicated by the court.
He said the PML-N offered that it would strive for the revision of the judicial commission to the extent that it should include three judges including the Chief Justice of Pakistan, who would also be its chairman, as its members in addition to the attorney general and the Supreme Court Bar Association president.
Qazi Anwar said that he and his team members disapprove the recommendations of the Rabbani Committee and dubbed it as a conspiracy against the independent judiciary to which, according to him, Nawaz Sharif and Chaudhry Nisar Ali Khan said that their party would do everything to preserve and protect the freedom and independence of the judiciary.
The SCBA president said that his team told the PML-N leadership that instead of setting up a commission and a parliamentary committee, parliament could consider the Indian model where a collegium of judges makes the appointments in the superior judiciary.
He said that Nawaz Sharif told the lawyers that he recently talked to Prime Minister Yousuf Raza Gilani, asking the latter to refer the recommendations concerning the judiciary to the Chief Justice of Pakistan for his input. Qazi Anwar said that he opposed this for the reason that such an informal consultation with the judiciary would be in conflict with the judiciary’s mandate to review any law or constitutional provision.
How would the Supreme Court adjudge such a constitutional amendment if it is tomorrow challenged, Qazi wondered, and added that it also compromises with parliament’s right to make a law or amend the Constitution.
Qazi said that the Supreme Court always has the right to adjudicate on any law or constitutional amendment.
The SCBA president said that a convention of lawyers held in Lahore on Thursday also rejected the Rabbani recommendations concerning the judiciary.
Our Lahore correspondent adds: The Pakistan Muslim League-N Quaid on Saturday said his party was not in favour of the government appointing judges to the superior courts.
“The appointment of superior court judges should be made on the recommendations of an independent judicial commission, and with the approval of parliament,” Nawaz Sharif added.
Talking to a 13-member delegation of the Supreme Court Bar Association (SCBA), led by its President Qazi Anwar, at his Raiwind residence, Nawaz Sharif said the PML-N was striving for a society purged of corruption, inefficiency, injustice, unemployment and poverty, and this could only be made possible through an independent judiciary.
Nawaz Sharif further said the PML-N would not let the Pakistan People’s Party-led government backtrack on the commitments it made in the Charter of Democracy (CoD). He said his party would not tolerate any further delay in scrapping of the 17th Amendment.
Nawaz claimed that the independence of the judiciary was a revolution in the country, which was made possible because of the struggle waged by lawyers, public, media and political workers.
He said his party had promised to the people of Pakistan that it would not tolerate the politics of corruption and inefficiency. He said after the independence of the superior courts, the PML-N wanted to ensure appointment of judges on merit and in a transparent manner.
He pledged that neither the PML-N would backtrack on the principled stand of appointing superior courts judges in a transparent manner nor would it let the government go back on the decision. Nawaz Sharif reiterated that the PNL-N would not tolerate further delay in the appointment of superior court judges.
The delegation congratulated Nawaz Sharif on the completion of one year of the independent judiciary and paid him tribute on his role in the restoration of the sacked judges.
The SCBA president said the judiciary got independence because of the PML-N’s efforts and the legal fraternity wanted Nawaz Sharif to play his role in making transparent the process of appointment of judges. The delegation members were of the view that some vested interests were still conspiring against the independence of the judiciary.
Nawaz Sharif assured the delegation his party considered the independence of the judiciary crucial for Pakistan and the coming generations. He said the attitude of Pervez Musharraf towards the superior court judges was shameful, and should be condemned by all. He said the consolidation of power in one person was detrimental to solidarity and stability of Pakistan, and his party was against the appointment of judges by one person.
He said it was due to a long and consistent struggle of lawyers, civil society, media and political activists that the country got rid of the dictatorship and an independent judiciary was restored.
He said the PML-N was committed to solving problems of the people of Pakistan and strengthening democracy in the country. Nawaz said all the people of Pakistan should hold the national interests supreme, and they had no time to waste now.
Nawaz said his party adopted a principled stand on the National Reconciliation Ordinance (NRO), the Kerry-Lugar Bill and the writing off of loans.
Paying tributes to the incumbent judiciary, Nawaz said the decision announced by it for saving the Pakistan Steel Mills, which was being sold for peanuts, putting an end to fake allotment of land worth Rs 70 billion, and recovering the looted money in the Punjab Bank scam were really praiseworthy. He urged the nation to get united against corruption just like it showed unity after Pakistan became a nuclear power.
Online adds: The PML-N chief criticised the government for ignoring the basic problems being faced by people. He warned that this indifferent attitude could endanger the future of democracy in the country.
He said, “One-man rule is a threat to the unity of the country and we don’t want one single individual or authority should appoint judges.”
Source: http://www.thenews.com.pk/top_story_detail.asp?Id=27889
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