ISLAMABAD - The parliamentary committee for appointment of judges on Monday recommended a constitutional amendment in the procedure to appointment judges.
During a meeting held under the chair of Haji Adeel, the parliamentary committee approved the sub-committees report on changing the procedure to appoint judges and sent it to the Law Division to introduce the 22nd Constitutional Amendment.
If the proposed amendment is made in the law, the power to appointment judges with mostly rest with the parliamentary committee instead of the judicial commission.
According to the recommendations, the judicial commission will not be able to float nominees. Instead, a special committee will initiate the nominations for the appointment of High Court judges and send it to the judicial commission.
This special committee will comprise judges, lawyers and government officials who will select nominees.
There will also be no retired judges in the judicial commission, and lawyers will be representatives of the government. The decision of the parliamentary committee on judges’ appointment will be final and cannot be challenged in any court.
In other proceedings, the committee also approved the appointment of Justice Faisal Arab as Chief Justice Sindh High Court and Justice Maqbool Baqar as a Supreme Court judge. Justice Riaz Ahmed Khan was approved as the Chief Justice of the Federal Shariat Court.
The committee declared the performance and character of all the three judges excellent.
SC raises question of
Supreme Court has admitted for hearing Sadiq Ali Memon’s petition who was deseated from NA-237 Thatta for holding dual nationality and has issued notice to Attorney General (AG) and others concerned.
SC has sought assistance from AG on the point that the disqualification period will last how long in respect of the person who is disqualified in dual nationality case and later foregoes dual citizenship.
If this disqualification will apply to the then election or will stay forever, the court has asked.
Justice Anwar Zahir Jamali has remarked, “There is no timeframe laid down in the Constitution or law in respect of disqualification of dual nationality holders.”
Justice Dost Muhammad has remarked: “Dual nationality holder is not entitled to contest election.”
A 3-member bench of SC presided over by Justice Anwar Zahid Jamali took up the case for hearing on Monday.
The court ruled there is no time limit determined in the Constitution with regard to disqualification of dual nationality holder. Therefore, it should be told that this disqualification would stay for how long.
Rashid A Rizvi, counsel for Sadiq Ali Memon, took the plea in the court that his client had abandoned his Canadian citizenship before contesting the election despite it he was deseated.
“We can see there is no provision in the law for the time frame of disqualification of any person even he abandons dual nationality. Due to it his client is facing problems and he has to stay away from his constituency. This matter done with him is illegal and unconstitutional,” he said.
He further said:“The way others are entitled to contest election his client is also authorised to contest polls. Blatant breach of the Constitution has been committed by not allowing him to participate in the polls because Constitution debars those people from contesting polls who hold dual nationality while his client had abandoned dual nationality and despite it he was disqualified.”
The court remarked: “We will have to seek legal and Constitutional assistance from AG in this matter. Therefore, we are adjourning the hearing of this case and issuing notice to AG.”
The counsel for the petitioner said: “It should be told if the disqualification is life time or for once only.”
Justice Anwar Zahid Jamali remarked, there is no timeframe set out in this respect. You will become qualified if you forsake dual nationality. The hearing of the case was adjourned indefinitely.