President’s role nominal in judges appointment: SC order

ISLAMABAD: The Supreme Court of Pakistan (SC), while announcing its verdict in judges’ appointment case, ruled that the president’s role in appointing judges is nominal and judicial commission is responsible to determine seniority of the judges, Geo News reported Thursday.

A five member bench headed by Justice Khilji Arif Hussain and comprising of Justice Tariq Parvez, Justice Ejaz Afzal Khan, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed had reserved its judgement on December 21, 2012 on the presidential reference seeking advice regarding the judges’ appointment.

In its 102-page order, the SC stated that the president’s role in appointing senior judges is nominal and that a judicial commission is responsible to appoint senior judges according to the Constitution.

The order further stated that the president is bound to take advice of the prime minister in appointing chief election commissioner, caretaker prime minister, chairman Public Service Commission and chief of armed forces.

The court had ordered to appoint Anwar Kasi as Chief Justice of Islamabad High Court after the majority ruled in his favour.

However, Justice Ejaz Afzal objected the appointment of Anwar Kasi and suggested the name of Justice Riaz as CJ IHC on the basis of his seniority in a separate note.

It was also mentioned in the verdict that except the Chief Justice of Pakistan and Chief Justice of High Court, no one else has the authority to nominate judges in high court.

It may be noted that President Asif Ali Zardari had sought clarity on his role in the appointment of judges through a reference, which was filed by the law ministry and sought advice on 13 points as per Article 186.