President is final authority to decide seniority of judges: Attorney General

Attorney General Irfan Qadir has said the president has the right to reject name of any judge about whom he has reports of involving in immoral activities and corruption.

A five-member special bench of the apex court headed by Justice Khilji Arif resumed hearing the president’s reference regarding appointment of judges in higher judiciary. He submitted that the President is guardian of the constitution and the rights of the people and he is final authority to decide on the seniority of the judges

Justice Arif Khilji wondered how could the court grant powers to the president, which were not given to him under the constitution.

The attorney general said that the constitution granted permission to the president to use discretionary powers which were explained under article 48-1 of the constitution.

Attorney General Irfan Qadir in his arguments said that the president could stop appointment of any judge having fake degree, adding that the court could not give order on the president’s decision.

Justice Gulzar Ahmed responded and said that the decision of the judicial commission and parliamentary committee was final and that the president could not use his discretionary powers over the matter.

Justice Gulzar Ahmed has remarked that the decision of Judicial Commission (JC) and Parliamentary Committee (PC) is final with regard to judges’ appointment and the president could not use his discretionary powers in this regard.

Earlier, Waseem Sajjad, a counsel of president, presenting his arguments said that the Judicial Commission has no authority to ascertain seniority of the judges. He said the president has taken oath of upholding the constitution and he can give his opinion.

In his view, the president’s role was not merely symbolic and he had authority to nominate judges.

The controversy was over the composition of the 11-member Judicial Commission (JC) in which Justice Kasi, one of the judges whose nomination had been finalised by the JC as the IHC’s next chief justice, himself sat in place of senior judge Justice Khan who was in Saudi Arabia for Haj when the commission had met at the time.

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Posted by Web Desk on Dec 13 2012. Filed under Latest News, National, Pakistan. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.