Deadlock persists over appointment procedure of Chief justice

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CJP-led bench to take up petition against proposed constitutional amendment on Oct 17.–Story on Back Page

2024-10-13T09:47:51+05:00 Javaid-ur-Rahman

Special parliamentary body agrees to form a sub-committee to continue deliberation on proposed constitutional amendments.  PTI, JUI-F reject govt’s proposed draft suggesting selection of top judge from three senior most judges.  Law minister says in US president has the authority to appoint judges.  Oct 24 is deadline to notify appointment of new CJP: Tarar.

ISLAMABAD   -  With plethora of proposals in favour and against the federal constitutional court, a special parliamentary body on Saturday agreed to form a sub-committee to deliberate all the drafts submitted by political parties regarding the 26th constitutional amendment.

The parliamentary committee, chaired by Syed Khursheed Shah, discussed the 26th constitutional package for presenting in both the houses (National Assembly and Senate) for legislation. The legislation on the constitutional package could only be approved after attaining two-third majority in both the houses.

Since the main parties have submitted drafts in the special committee, all the parties given go ahead to sub- committee to discuss all the drafts and submit report to main committee on 17th October for reaching on consensus.

A religio political party chief Maulana Fazlur Rehman, whose 13 votes (08 in National Assembly and 05 in Senate), came up with a suggestion to constitute ‘a constitutional bench’ instead of establishing a separate court to hear constitutional matters. The suggestion, however, was not seemingly fully agreed over the proposal.

Sharing his comments with the committee members, JUI-F Senator Kamran Murtaza was of the view that the drafts prepared by the two parties had just one difference of constitutional court and constitutional bench. “There is only one difference in the draft which is related to constitutional court,” said JUI-F Senator, supporting idea proposed by his political party.

Later, in a TV talk show the JUI-F Senator said that his party did not recommend the selection of chief justice of Pakistan (CJP) from three of four judges senior most judges. When asked whether his party supports seniority policy or the proposed amendment that paves the way for the selection of top judge from three or four senior most judges, he said any proposal to amend the criteria for selection of the top judge was not part of the recommendations they had submitted in the committee.

The special parliamentary body’s meeting decided to meet again on 17 October. For 26th amendment, over dozen clauses are being proposed by the political parties including formation of federal constitutional court and fixing the tenure of the Chief Justice of Pakistan (CJP) for three years and others.

Talking to journalists, JUI-F chief said that they can agree on a suitable draft if their proposals were agreed by the ruling parties. “It will be our try to remove the controversial contents so that all parties agreed on one draft.” Giving reference of government failed attempt to pass the constitutional package, Rehman commented that said that people rejected the concept of the government’s draft of the constitutional amendments.

Whereas, PPP Senator Sherry Rehman said: “We are trying to bring the constitutional amendment with consensus.”

From opposition side, opposition leader Omar Ayub complained about arrests of PTI workers. To which, the law minister asked him to give his suggestion only on the constitutional amendment.

Opposition leader said that protest was his party’s right, blaming the government for resorting to “fascism” as PTI workers were under immense pressure from authorities. Sources said that the PTI would oppose constitutional courts.

Federal Minister for Law and Justice Senator Azam Nazeer Tarar on Saturday said that the government will notify on October 24 that at which place the Chief Justice is to be sworn in. While talking to reporters here, the minister said that the deadline for issuing the notification for the appointment of the new Chief Justice of Pakistan is October 24. He said that the notification of the new Chief Justice is always issued a day or two before the appointment.

The appointment notification of Chief Justice Qazi Faez Isa was issued a little earlier in view of the arrival of the caretaker government, he said. Azam Nazeer Tarar said that a committee of legal experts has been formed in the sub-committee of the parliamentary body. The constitutional amendment can be introduced after October 25, and even after two months.

He said that discussions are ongoing on four to five points in the committee.

The law minister said that how is it too early. Now it has been a month and a half. Judges sometimes had been appointed by the Governor General, sometimes by the President and sometimes by the martial Administrator in the past, he said, adding that in U.S the President has the authority to appoint judges.

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