960416

Constitution

subverted

in SHC, SC

appointments,

says Bar chief

SIKANDAR HAYAT

ISLAMABAD: The President of the Supreme Court Bar Association, Akram Sheikh, accused the government of subverting the Constitution by issuing "faked" notifications of the judges appointments.

Sources in the Supreme Court also said that the appointment of Mr. Justice Mamoon Kazi as Chief Justice of Sindh High Court is in contravention of the Supreme Court judgement in the judges case.

They said the appointment of Mr. Justice Mamoon Kazi in the new position was not in consonance with the "spirit of the judgement", therefore it was unconstitutional.

In accordance with the Supreme Court judgement Justice Nasir Aslam Zahid is already the Chief Justice of the Sindh High Court because he has reverted to his substantive post, the sources said, explaining as to how the normal protocol in the postings and transfers of the superior judges works.

Sources also denied that "consultations", as mandated by the Supreme Court, took place between the government and the Chief Justice of Pakistan, Mr. Justice Sajjad Ali Shah, over the appointment of Mr. Justice Nasir Aslam Zahid in the Supreme Court.

The position as stated by the Supreme Court over the appointment of Mr.Justice Mamoon Kazi appeares in conflict with what Prime Minister Benazir Bhutto said at a news conference on Tuesday morning and later endorsed by State Minister for Law and Parliamentary Affairs, Raza Rabbani, in the National Assembly.

Replying to a reporter's question, the prime minister had said that "consultation was made in writing as to whether the two senior most judges of Sindh High Court were competent to be made Chief Justice of the Sindh Hihg Court."

Later, the leader of the Opposition Nawaz Sharif on the floor of the National Assembly asked the government to clarify as to who was the Chief Justice of Sindh High Court - because while Justice Mamoon Kazi had been given the oath, Mr. Justice Nasir Aslam Zahid being the senior most was presumed to be the Chief Justice on return to the Sindh High Court in the light of the Supreme Court judgement in the judges case.

Responding to the opposition leader's question Raza Rabbani said there was no ambiguity that there was only one Chief Justice in Sindh, that is Mr. Justice Mamoon Kazi.

Akram Shaikh's statement issued today said: The legal fraternity in Pakistan was extremely happy over the news of appointment of the senior most judges of the Lahore High Court, Mr. Justice Khalil-ur-Rehman Khan, as the Chief Justice of Lahore High Court and likewise was also hoping that the appointment of Mr. Justice Mamoon Kazi, after the elevation of Mr. Justice Nasir Aslam Zahid to the Supreme Court was also being made in consultation with the Chief Justice of Pakistan as mandated by the historic Supreme Court judgement of 20th March, 1996.

"Consistent with the procedure Mr. Justice Nasir Aslam Zahid was to be given oath before any process of appointment of the Chief Justice of the Sindh High Court could be initiated.

"On contact with the relation of Mr. Justice Nasir Aslam Zahid, it was found that his lordship had not taken oath nor had received till 14th evening the Notification of his elevation to the Supreme Court, which looked intriguing, whereafter further information was obtained as to the appointment of Mr. Justice Kazi and other related issues.

"It was schoking to discover that for the appointment to the high constitutional offices of the Chief Justice of Sindh High Court and Judge of the Supreme Court, the most important 'constitutional consultee' i.e. the Chief Justice of Pakistan was not at all consulted as per mandate of the Constitution and the Supreme Court judgement of 20th March, 1996 and government had faked the Notifications of appointment of Mr. Justice Mamoon Kazi and Chief Justice of Sindh High Court. The issuance of these fake notifications in exercise of the Constitutional powers, is very serious offence and tantamounts to subversion of the Constitution.

"If the executive authority of the Federation starts issuing bogus and fake Notifications for the appointment of high constitutional office then what will happen to the country's fate?

"We have learnt on good authority that a few days earlier the prime minister had taken a summary for removal of the Chief Justice on the ground that he had resigned his office. It is heartening to know that the President had not agreed to the issuance of this Notification.

"I would therefore, demand from the prime minister to produce the record of the alleged consultation with the Chief Justice which took place before the appointment of Mr. Justice Mamoon Kazi as the Chief Justice of Sindh High Court and Mr. Justice Nasir Aslam Zahid's elevation to the Supreme Court before the nation and the Parliament as early as possible and if such record is not in existance, she should appologies to the nation for having faked the official record to which the legal presumption of correctness and regularity was attached. It is also feared that the government might issue similar bogus notifications for the regularization of the judge appointed in consultation with the Acting Chief Justice.

"The common man has no means to know as to whether the constitutional and legal requirements before issuance of the notifications had been complied with or not, which has become necessary for the principle of the transparency and openness are adhered to and the recommendation made by the Chief Justice for regularisation of the judge may also be brought to the notice of the nation and be made public."