ISLAMABAD: Abdul Hafeez Pirzada, Senior Counsel for the Federation on Wednesday submitted a concise statement to the Supreme Court of Pakistan as desired by the latter regarding the appointment of SC judges.
The statement said that the petition filed by the Supreme Court Bar Association against the appointments of the SC judges from the LHC is not maintainable in law.
That statement maintained that the petitioners have no lucs standi in the matter. "The appointments in question were made by the President of Pakistan strictly in accordance with the letter and spirit of the Constitution, fully adhering to the recommendations made by the Honorable Chief Justice of Pakistan, " the statement said It said that since the appointments were made by the President of Pakistan fully accepting the recommendations of the Chief Justice of Pakistan.
Objecting to the SCBA (Supreme Court Bar Association) petition, the statement said the petition is not maintainable as no judicial review can lie against the recommendations made by the Chief Justice of Pakistan in the process of constitutional consultation for the appointment of judges of the Supreme Court.
That since the President has acted on the recommendations of the Chief Justice of Pakistan and accepted these, the petition in effect is directed against such recommendations, the statement said.
Presenting the facts, the statement maintained the consultation was in accordance with the principles laid down by the Supreme Court of Pakistan in precedent cases.
It continued that Chief Justice of Pakistan as the constitutional consultee made his recommendations in writing in the matter. "These recommendations were accepted by the President of Pakistan and the appointments were made accordingly.”
The impugned notification was issued by the federal government after the President accepted and acted as per recommendations of the Chief Justice of Pakistan, the statement added.
The statement concluded that all legal issues raised and grounds urged in the petition(s) will be answered during the course of submission to the Supreme Court.
In its rejoinder to the federation's objection to the petition, the SCBA said the objection is baseless and nothing is disclosed as to how the petition is not maintainable.
"This objection is illegal and unconstitutional and completely vioativ of the verdict of this honorable court in Al-Jehad Trust, Asad Ali and several other cases wherein the question of locus standi has been fully and finally settled," the SCBA rejoinder maintained.
This statement is baseless and without any foundation, the rejoinder said, adding in order to support this statement the Federation was obliged to place on record the consultation of the Chief Justice at the relevant time and the note/comments of various functionaries of the executive and any correspondence exchanged between the Chief Justice and the President in this behalf.
It continued that besides ten senior judges of the Lahore High Court have been ignored/suspended and the Federation of Pakistan is under an obligation to disclose the reasons in respect of each and every superseded judge as to why he has been so ignored superseded.
"These obligations are baseless and unsustainable under the Constitution, the SCBA said, adding the entire process of appointment of judges is subject to judicial review.
This objection demonstrates the ignorance of the Federation of Pakistan about the verdicts of the Supreme Court in Al-Jehad Trust and Asad Ali cases, the rejoinder said.
"In the present case, there is a colossal violation of doctrine of legitimate expectation and no in case of one but in cases of ten senior judges of the Lahore High Court," it added.
The SCBA prayed that the Federation of Pakistan be kindly ordered to file a comprehensive written statement stating all the facts including the reasons given by either judicial consultee or the Executive for ignoring ten senior judges of Lahore High Court. -