SC throws out govts review plea

ISLAMABAD - The Supreme Court on Wednesday rejected the Federations review petition against its order setting aside the Parliamentary Committees decision for not accepting the Judicial Commissions recommendations for one-year extension to six additional judges of the Lahore and Sindh High Courts. The bench, comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Tariq Parvez and Justice Khilji Arif Hussain was hearing the review petition, filed by the government, against the March 4 decision of the apex court. 'We are not inclined to review the judgment, the court said while announcing the short order. During the hearing, Makhdoom Ali Khan, rebutted the arguments advanced by Additional Attorney General KK Agha that the Parliamentary Committee was constitutionally empowered to accept or reject the recommendations of the Judicial Commission. He argued that Judicial Commission had primacy over the decision of Parliamentary Committee. He said the Judicial Commission was a forum, which could rightly decide cases of judges. He said that decision of the eight-member Parliamentary Committee could not be changed through whole Parliament, adding, that in other countries like US and UK, it was binding on Parliamentary Committee to approve their decisions by Parliament. 'If the apex court can examine all the affairs of constitutional institutions then why it could not take up the matter of Parliamentary Committee, he further added. Justice Jawwad S Khwaja observed that an eight-member Parliamentary Committee is not superior to the Constitution, adding, that a committee of few parliamentarians could not be given power of Parliament. Justice Khilji Arif Hussain in his remarks said that parliamentary committees, constituted under the Constitution are also made answerable to the Parliament as well. The court after hearing the counsels of the Federation and petitioners reserved the judgment and later on the bench reassembled and announced its short verdict in the review petition. 'KK Agha we are not inclined to review the judgment, Justice Mahmood Akhtar Shahid Siddiqi said while announcing the short order. Meanwhile, the court adjourned the hearing of contempt petition for not issuing notification of these six judges confirmation by the government for one week. The Parliamentary Committee had rejected Judicial Commissions recommendations to give one year extension to additional judges of the Lahore High Court including Justice Muhammad Yawar Ali, Justice Syed Mazahir Ali Akbar Naqvi, Justice Mamood Rashid Sheikh and Justice Muhammad Farrakuh Irfan Khan and Justice Tasnim Aslam and Justice Salman Hamid of the Sindh High Court. Meanwhile, Munir Hussain Bhatti and Kamran Murtaza advocates had challenged the decision of the Parliamentary Committee, rejecting the one-year extension to the Additional Judges of Lahore and Sindh High Courts. They had prayed to the apex court to set aside the recommendations of the Parliamentary Committee in respect of the six judges of the Lahore and Sindh High Courts and had requested the court to direct the Federal government to implement recommendations of the Judicial Commission. Later on, the Federation filed review petition over the apex court decision of March 4, 2011. Agencies add: A notification on the restoration of judges has been released by the government after the SC announced its verdict. Meanwhile, following the rejection of Federation review petition in judges appointment case, Parliamentary Committee Chairman Nayyar Bukhari said that the meeting of the body would soon be summoned to devise the future strategy. A meeting has been called for consultation with all stakeholders, he said.

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