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Judges Appointment Case, SC issues orders

Supreme Court of Pakistan

Pakistan, Islamabad Updates : Sources told that SC of Pakistan has announced its verdicts 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.

A five-judge bench led by Justice Khilji Arif Hussain and comprising Justice Tariq Parvez, Justice Ejaz Afzal Khan, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed had reserved its judgement on December 21, 2012 on 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 in a separate note.

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.

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