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The tug of war between government and judiciary over the appointment of superior courts judges is a tangible reality. However, the Attorney General for Pakistan on Sunday called on Chief Justice Iftikhar Muhammad Chaudhry and conveyed government's version of dispelling any controversy.
On Saturday, being in Karachi, the Attorney General (AG) Anwer Mansoor Khan, had expressed inability to appear before the special bench that suspended the operation of government's notification regarding elevation of judges.
On Sunday, he rushed to Islamabad and held meetings with Prime Minster Yousuf Raza Gilani and Chief Justice Iftikhar Muhammad Chaudhry. In his meeting with the CJP, he discussed constitutional matters, particularly appointments of superior courts judges. Attorney General (AG) told newsmen that he presented government's version on appointment of the Judges of dispelling impression of any controversy between the two pillars of the State.
In his meeting with the Chief Justice, that lasted for about one hour, the AG assured the Chief Justice that the government was willing to implement all decisions of the judiciary. According to some insiders, the government has sent a message of assurance to the CJP that all decision of the Supreme Court on the issue of the appointment of judges would be implemented. But the damage has already been done. The government and judiciary engaged in a tug of war on Saturday with the Supreme Court suspending President Asif Ali Zardari's order elevating two high court judges.
Earlier, Chief Justice Iftikhar Muhammad Chaudhry had reportedly recommended appointing the recently retired Justice Khalilur Rehman Ramday as an ad hoc judge of the apex court, and to elevate Justice Saqib Nisar, the second in seniority in seniority at Lahore High Court (LHC), to the SC. However, the recommendation was turned down by the President on January 23.
But the controversy between government and CJP over the appointment of judges took an ominous turn on Saturday evening after President Asif Ali Zardari decided quite opposite to CJ's recommendation. The President elevated Justice Khawaja Sharif, the LHC chief justice to apex court and appointed Justice Nisar as acting chief justice. Within two hours, the CJP took suo motu notice and constituted a three-judge bench that immediately suspended the operation of government's notifications regarding elevation of judges.
The bench ruled that notifications were issued in violation of several provisions of the constitution particularly Article 177 that speaks for consultation of the CJP for appointment of superior courts judges.
However, President's spokesman Farhatullah Babar had said that the chief justice was consulted before issuing the fresh notifications on Saturday. The orders passed by the President will now be tested by a larger bench of the apex court on February 18.

Copyright Business Recorder, 2010

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