In line with its earlier resolve, the Supreme Court Bar Association (SCBA) on Wednesday moved the apex court against judicial commission envisaged in 18th Amendment for appointment of superior courts judges, terming the commission's formation against the basic structure of the Constitution.
The apex court had already received two petitions on the subject, which were filed by Nadeem Ahmed through Advocate Akram Sheikh and District Bar Association Rawalpindi through Advocate Akram Chaudhry. Qazi Muhammad Anwer, president SCBA filed the petition under Article 184 (3) of the Constitution, nominating the federation as respondent.
The SCBA has prayed the court to declare the procedure for appointments of judges as ultra vires of the Constitution saying the commission is against the basic structure of the Constitution, which guarantees the independence of judiciary.
The petition said the move poses a threat to the independence of judiciary so the legislating power of the Parliament should be determined. Talking to reporters at the Supreme Court, SCBA President Qazi Anwar announced the panel for representation of the SCBA. The panel, he said, comprised Hamid Khan, Rashid A Rizvi and himself. He said the present assembly is not constitution making body but a legislation making institution. He referred to Indian Supreme Court that had declared constitutional amendments as void.
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