LAHORE - The tussle between two arch rivals, Punjab Governor Salmaan Taseer and Chief Minister Mian Shahbaz Sharif, over new judges appointment in Lahore High Court (LHC), has intensified to such an alarming level that the two stalwarts have now come out in the open, washing their dirty lenin in public. In support of his argument, the Chief Minister is citing Article-105 of the Constitution under which the Governor is bound to act on the advice of the Chief Minister in performance of his functions; whereas, the Governor is quoting Article-193 of the Constitution, according to which, a judge of a High Court shall be appointed by the President after consultation with the Chief Justice of Pakistan, the Governor concerned and the Chief Justice of the High Court concerned. In an unusual development on Friday, the Punjab government issued a handout stating that Chief Minister Shahbaz Sharif has sent his recommendations to Governor Salmaan Taseer regarding appointment of new judges in LHC. It merits mentioning that under the normal practice, the recommendations of the Punjab CM on any issue sent to Punjab Governor are never made public in the form of an official handout. The said official release says that these recommendations have been sent to the Governor in the light of Article-105 of the Constitution, Punjab Governments Rules of Business and 1996 judgement of the Supreme Court concerning appointment of judges. The recommendations are based on proposed judges character, conduct and reputation, it further stated. According to the said handout, the letter sent to the Punjab Governor by the Punjab CM also urged all responsible authorities dealing with appointment of new judges to select only those persons as judges who are God-fearing, believe in supremacy of the Constitution and take independent decisions free of all pressures. Governor Salman Taseer on Friday strongly reacted to the communication, saying that only the Governor had the constitutional authority to advice the President on judges appointment, and the Punjab government could not take away this authority from him. Talking to media after condoling with a local PPP leader over his mothers death, Salmaan said the Punjab Chief Minister had no constitutional role in appointment of judges as he was occupying an administrative office. Governors spokesperson, Farrukh Shah has maintained that under Article-193 of the Constitution, President is the competent authority to appoint judges in any high court of a province in consultation with the Chief Justice of Pakistan, the Governor concerned and the Chief Justice of High Court concerned. He said the Chief Minister figured nowhere in the whole process of judges appointment according to the Constitution. Meanwhile, Punjab Minister for Law Rana Sana Ullahs statement has also added fuel to the fire. Talking to reporters at Punjab Civil Secretariat, the law minister said the Punjab Governor was not a King of Jungle to take every decision on his own. He warned that if Punjab Governor sent names of judges to the President for appointment in disregard of Punjab Chief Ministers recommendations, the provincial government would declare such judges unconstitutional. Rana told reporters that Shahbaz Sharif had written a letter to the President and Chief Justice of Pakistan requesting them to make it binding on Punjab Governor to seek his (chief ministers) advice on the issue of judges appointment. It has been learnt reliably that in anticipation of such a controversy over the issue in question, Punjab Governor Salmaan Taseer is believed to have already taken advice from the Federal Law Ministry, which has reportedly endorsed his stance. Text of Articles 105 and 193 of the Constitution is reproduced hereunder: 105. Governor to act on advice, etc (1) Subject to the Constitution, in the performance of his functions, the Governor shall act in accordance with the advice of the Cabinet, or the Chief Minister. Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration. (2) The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister [or the Cabinet] shall not be inquired into in, or by, any court, tribunal or other authority. 193. Appointment of High Court Judges (1) A Judge of a High Court shall be appointed by the President after consultation - (a) with the Chief Justice of Pakistan; (b) with the Governor concerned; and except where the appointment is that of Chief Justice, with the Chief Justice of the High Court.