Notifications violate article 177 of Constitution: Nasira

LAHORE - The Lahore High Court Bar Association has strongly condemned the illegal and unconstitutional notifications issued by President Asif Ali Zardari elevating LHC Chief Justice Khawaja Sharif as Judge of the Supreme Court of Pakistan and appointing Justice Saqib Nisar as acting chief justice of the Lahore High Court. In a statement issued on Monday, LHCBA President Nasira Javed said the Bar fully supports the refusals by LHC Chief Justice Khawaja Sharif and Justice Saqib Nisar to take oath on the invalid notifications issued by President Asif Ali Zardari which are not in accordance with Article 177 of the Constitution. The said article mandates that a judge of the Supreme Court 'shall be appointed by the President after consultation with the Chief Justice (of Pakistan). Under Article 196 of the constitution, acting chief justice of a high court shall be appointed by the president 'When the chief justice of a high court is absent or is unable to perform the functions of his office. While Khawaja Sharif is performing his functions as the LHC chief justice, the president cannot appoint an acting chief justice. She said the notifications issued by President Zardari are void ab initio and of no legal effect. Furthermore, non-compliance of the above-cited provisions of the constitution amounts to negation of oath of office by the president in which he has solemnly sworn that he will discharge his duties and perform his functions 'faithfully in accordance with the Constitution of the Islamic Republic of Pakistan. Even otherwise non-compliance of the mandatory provisions of the Constitution would amount to contravention of Article 5 of the Constitution which provides 'Obedience to the constitution and the law is the inviolable obligation of every citizen of Pakistan. Article 6 further provides 'any person who attempts to subvert the Constitution by unconstitutional means shall be guilty of high treason, the statement further said.

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