| GEO Pakistan | | PM expelled from process of judges appointments: CJ | Updated at: 1030 PST, Monday, August 02, 2010
 ISLAMABAD: Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry said the President in Pakistan functions on the advice given to him by the Prime Minister, Geo News reported Monday.
CJ Iftikhar Chaudhry observed while heading a 17-member full court, hearing identical petitions challenging certain provisions of the 18th Amendment with particular reference to the formation of a judicial commission for appointment of judges to superior courts.
The CJ said, ‘How can the Parliamentary Committee send the recommendations directly to the President.’
“Our system of government is parliamentary,’ he added remarking, “The Prime Minister’s role has altogether been excluded in the process of judges’ appointment.”
The Committee has been deputed with the power of the Prime Minister, the CJ Chaudhry observed.
Continuing today with his arguments, the federal government’s counsel Wasim Sajjad said the PM’s powers were not given to the Committee; however, they have been slashed to some extent.
Justice Khalilur Rehman Ramday said the role of Judicial Commission is secondary, adding the Parliamentary Committee has been empowered to veto the recommendations put up by the Judicial Commission.
The decision on the procedure of judges’ appointments was given in a matter of one day, superceding the 150-year old method altogether, he added stressing the powers to dig up the graves have been delegated; now it is regardless whether six members do this or seven.
Justice Ramday said the procedure of judges’ appointments was not discussed for nine hours as stipulated in the Constitution.
Justice Jawwad S Khawja said this Parliamentary Committee has been made superior to the Parliament.
Justice Shakirullah added his remark, saying, ‘It is perilous to arm the Parliamentary Committee with the veto power.’
Justice Jawwad S Khawja said, ‘The Committee doe not fit in our system.’
Wasim Sajjad submitted that the Parliamentary Committee is a body discrete from the Parliament.
It was not the Parliament that formed the Committee; instead, the Constitution formed it, Wasim remarked.
Justice Javed Iqbal said the previous method for appointing judges was faulty as well; so is the new one with such loopholes that it cannot be straight away implemented.
Wasim Sajjad said it was drafted in Charter of Democracy (CoD) that there should a separate Parliamentary Committee for judges appointments, stressing the public representatives should have some role in judges appointments.
Justice Ramday bristled why the Judicial Commission is being spoiled, why the powers regarding the judges’ appointment be deputed to the Parliament.
Justice Shahid Akhtar Siddiqui asked, ‘Who would have the final discretion—the Judicial Commission or the Parliament?.
Wasim replied the Commission will have the final word; however, the Parliamentary Committee would see to it.
He said the procedure regarding the judges’ appointments, whether was right or wrong, has been changed by the Parliament.
The CJ addressed him, “Why are you arguing half-heartedly? What does ‘right or wrong’ mean?”
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