ISLAMABAD Finally the government lawyers, defending the 18th Amendment before a 17-member larger bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry, have conceded that the inserted article 175-A was poorly drafted that needed courts interpretation. The court observed that there were ambiguities in the inserted article 175-A regarding appointment of judges but Wasim Sajjad told the bench that rules are yet to be finalised after the removal of the ambiguities but the court should avoid assumptions. Thursdays proceedings of the Supreme Court revolved around 175-A and its repercussions. However, Wasim Sajjad, representing the government, claimed that under the new arrangements the role of Chief Justice was dominant in the appointment process of superior courts judges, while Justice Asif Khosa contradicted him, saying that the nexus between the Chief Justice and the President has been destroyed through the Judicial Commission and Parliamentary Committee. The counsel for the Federation showed reluctance to respond to the volley of queries of 11 judges out of the 17-member bench regarding the controversial article 175-A. Justice Jawwad S Khawaja, remarked that due to a controversial amendment it seems that we are amending the entire Constitution. The Chief Justice observed that under article 68 of the Constitution, the conduct of the judges could not be discussed in Parliament. He further observed that the new judicial policy would likely to slow down the judges appointment procedure. The Chief Justice remarked, Do not humiliate judges. Can a judge with ten years experience be left out of elevation because of his alleged misconduct The Chief Justice remarked, We know what the ground realities are. Offering ministries for getting political support is a common practice while the appointment of superior court judges is a sensitive matter. The Chief Justice further said that Murree and Changa Manga are the symbol of our politics. The candidates would approach politicians for their nomination, the Chief Justice observed and asked Wasim Sajjad to prepare reply to his question as to what would be the status of the Parliamentary Committees summary regarding judges appointment if the same is rejected by the President. Justice Ramday said that it is a well established practice how the Executive influences the appointment of judges, adding in such situation, would the committee not demand for its share, as share is demanded even against the security guards post. Justice Anwar asked Sajjad, I am still confused regarding your presence in the court. Either you are representing the Federations view or you appeared before us in your personnel capacity. Zaheer further said that assumption of worst situation is based for legislation because in ideal situation there was no need to introduce laws. Justice Tariq Pervez observed that tenure for the Judicial Commissions members was fixed but it was omitted for the Parliamentary Committees members that would open a window of bargaining in the appointment process. The Chief Justice quoting Justice Abdul Qadir Sheikh and Zafar Hussains judgments, told the defence that it was the duty of the apex court to interpret the constitutional matters, adding that under article 48 of the Constitution, President of Pakistan would nominate judges but now the Parliamentary Committee would do so. Chief Executive and Prime Minister were also excluded from the process that has also changed the parliamentary form of government. The CJ observed that this was a constitutional matter and there were serious efforts required to settle it. During the course of hearing, the CJP deplored that none of the parliamentarians had thought nor argued about the snags that would hit the new policy regarding the judges appointment, and cited the examples of delayed appointment of Election Commission members and Chairman NAB. Justice Javed Iqbal remarked that the merit had been ignored in judges appointment in the past too. The States counsel contended that the CJ had got final authority in the new policy, while Justice Ramday questioned that if the CJ is sovereign then what was the need of a new judicial policy. Justice Javed remarked that we are passing through the evolutionary process and mistakes were possible but we would rely on the Parliament. The court asked Wasim to complete his arguments on coming Monday before 11am. The court has adjourned the hearing till Monday.