ISLAMABAD - Three retired Supreme Court judges are being considered for short-listing for the appointment of Chief Election Commissioner, the esteemed electoral slot that fell vacant on Friday following the retirement of Justice (r) Hamid Ali Mirza.
It is learnt, the names of Justice (r) Ghulam Rabbani, Justice (r) Javaid Iqbal and Justice (r) Sardar Raza are being discussed to finalise the name of new CEC after President Asif Ali Zardari's approval. Reportedly, the ruling Pakistan People's Party has consulted the allies and opposition parties for developing consensus over new CEC appointment.
Informed sources said, apart from these three men, some other former judges' names were also discussed in the Presidency and ruling coalition circles but were dropped. They included retired justices Khaliur Rehman Ramday, Deedar Shah, Saeed-uz-Zaman Siddiqui and Syed Sajjad Ali Shah. Presidential Spokesperson Fathatullah Babar said the CEC appointment would not be delayed and the parliament would also be consulted in this regard. "A number of factors are involved to this effect," he said.
Reportedly, the final choice may be made out of Ghulam Rabbani and Sardar Raza Khan as they are acceptable to both the ruling collation as well as opposition owing to their seemingly impartial disposition and credibility. Privy circles within PPP have purported reservations regarding Justice (r) Javaid Iqbal, who headed the three-member bench that disqualified Justice (r) Deedar Shah from heading National Accountability Bureau (NAB), last year. Justice (r) Ramday's name was endorsed by opposition parties but was dropped following strong opposition from within the PPP. On the other hand, Pakistan Muslim League-Nawaz reportedly opposed names of Justice (r) Syed Sajjad Ali Shah and Justice (r) Deedar Shah – latter’s due to his affiliation with PPP, despite the fact that Deedar is widely respected for his credibility and professional standing in law profession.
Justice (r) Saeed-uz-Zaman Siddiqui, who was the presidential candidate for PML-N in 2008 presidential election, has not been endorsed by the ruling coalition for obvious reasons.
Talking to The Nation, PPP’s Central Executive Committee Member Qazi Sultan Mehmood said that appointing CEC in consultation with the opposition and coalition partners, as envisaged in the 20th amendment, is the prerogative of the president. "Appointment of a retired SC judge with high standing particularly impartiality and credibility   that's what we want and that's what everybody wants."
The PML-N Member National Assembly Khawaja Saad Rafique said his party would not accept "ruling party's favourite candidate as CEC" and the PML-N, he said, would oppose any such move. "We want right man for the right job. A retired judge of impartial repute and credibility would be our pick. It's up to the ruling coalition to consider our recommendations." Rafique did not elaborate if the N-League had recommended any names for CEC appointment. "It's difficult to tell at this point."
Purportedly some PPP circles had suggested to their leadership to also consider the name of former SC Chief Justice Abdul Hameed Dogar but President Zardari did not agree with the idea. Justice (r) Dogar remained at the centre of controversies as he was made chief justice in the Musharraf-sponsored unlawful move, causing the ouster of Chief Justice Iftikhar Muhammad Chaudhary.
The CEC appointment without delay is important under given circumstances considering the pending yet crucial election-related affairs amidst the reports that 2012 would be the election year. According to article 213, a judge of Supreme Court or a judge of High Court qualified to be appointed as SC judge under article 177, is eligible for appointment as CEC.
CJ Iftikhar Chaudhary has nominated senior SC judge Justice Shakirullah Jan as acting CEC till the new Chief Election Commissioner takes over, in the light of constitution's article 217. It says, "At any time when - (a) The office of Commissioner is vacant, or (b) The Commissioner is absent or is unable to perform the functions of his office due to any other cause, a judge of the Supreme Court nominated by the Chief Justice of Pakistan shall act as Commissioner."