By Nasir Iqbal
ISLAMABAD: Chief Justice Iftikhar Mohammad Chaudhry constituted on Wednesday a full court comprising all 17 judges to define and determine the exact contours of Supreme Court’s authority for reviewing the mechanism of appointing superior court judges introduced through the 18th Constitution Amendment. It will begin hearing on May 24.
The federal government and Attorney General Maulvi Anwarul Haq have been asked to appear before the court.
A five-judge bench had on April 28 requested the chief justice to constitute either a larger bench or full court to hear the matter.
The full court, headed by the chief justice, will comprise Justices Javed Iqbal, Mian Shakirullah Jan, Tassaduq Hussain Jillani, Nasirul Mulk, Raja Fayyaz Ahmed, Jawad S. Khawaja, Mohammad Sair Ali, Mahmood Akhtar Shahid Siddiqui, Rehmat Hussain Jafferi, Tariq Pervaz, Anwar Zaheer Jamali, Khilji Arif Hussain, Asif Saeed Khan Khosa, Saqib Nisar, Ghulam Rabbani and Khalilur Rehman Ramday.
It will take up petitions of Supreme Court Bar Association president Qazi Mohammad Anwar, president of his own faction of PML Ijazul Haq, the District Bar Association of Rawalpindi and Advocate Nadeem Ahmed from Karachi.
They have opposed the appointment of superior court judges by a judicial commission set up under the 18th Amendment and said it undermined the independence of judiciary.
Ijazul Haq has also challenged the renaming of the NWFP and an amendment to Article 17 of the Constitution relating to elections within parties.
The petitioners have requested the court to declare the amendment in Article 175 (establishment and jurisdiction of courts) by adding clause “A” a clear violation by parliament done without legislative authority and thus impinges on the independence of judiciary.
Similarly, Articles 177(1) [appointment of Supreme Court judges], 193(1) [appointment of high court judges] and 203(c) [Federal Shariat Court] of the Constitution should also be declared as illegal and void ab initio.
The judicial commission proposed by the 18th Amendment will be headed by Chief Justice Iftikhar Chaudhry and will comprise two serving senior judges of the Supreme Court – one retired judge to be nominated by the chief justice, attorney general, law minister and vice-chairman of the Pakistan Bar Council or any lawyer nominated by the judicial council.
One of the petitioners has requested the Supreme Court to order a referendum to settle the issue, saying this will silence alarmists warning of a confrontation between the legislature and the judiciary if the Supreme Court strikes down the amendment adopted by parliament. Senior counsel Mohammad Akram Sheikh will represent Advocate Nadeem Ahmed. Advocate Hamid Khan will appear on behalf of the SCBA and Advocate M.A. Ghaffarul Haq will represent Ijazul Haq.
Source: Dawn
Date:5/13/2010
