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Summary
The Supreme Courts Special Bench on Saturday evening suspended the notifications issued by Ministry of Law with regard to the elevation of Chief Justice of Lahore High Court Justice Khawaja Mohammed Sharif to the Supreme Court and Justice Mian Saqib Nisars appointment as Acting Chief Justice of Lahore High Court. The three-member bench of Mian Shakirullah Jan, Justice Raja Fayyaz Ahmed and Justice Jawwad S. Khawja in a short order, noted that these notifications were in violation of Article 177 of the Constitution as no consultation took place between the Chief Justice of Pakistan. The bench also suspended the administration of oath by any functionary and said that since notifications had been suspended no status be taken by any functionary to administer oath to acting Chief Justice LHC.The court also directed both the judges of the LHC to continue performing their duties in their current positions till further orders. The bench noted that since the first notification about elevation of Chief Justice LHC stood cancelled, therefore, the second notification also did not hold ground and Justice Saqib Nisar would continue as the senior most judge of LHC. As the notification is suspended the office of Chief Justice LHC will not fall vacant. Chief Justice LHC and Justice Saqib Nisar will continue in their positions till further orders, the bench noted. The court also issued notice to the additional secretary, ministry of law and justice, to appear on February 18 and explain under whos instructions he had issued these notifications. A notice was also issued to the Registrar LHC. The case has been already fixed before a five-member bench to hear identical writ petitions over the same issue and notices have already been issued to the federation of Pakistan, attorney general, advocate general and other parties by the court. CJP takes suo moto notice on judges appointmentChief Justice of Pakistan Iftikhar Muhammad Chaudhry has taken suo moto notice on judges appointment. Supreme Court's 3-member bench is reviewing the suo moto notice. Attorney General has been called in the Supreme Court by the bench in this regard. President appoints Justice Sharif as SC judgeRejecting the summary sent by the CJP Iftikhar Muhammad Chaudhry for judges appointment, President Asif Ali Zardari has appointed LHC Chief Justice Khawaja Muhammad Sharif as judge of the Supreme Court. Justice Saqib Nisar has been appointed as Acting Chief Justice of LHC. However, both the judges have refused Presidents decision and said that they cannot decide anything without consultation with the CJP. Notification for judges appointment has been issued. According to sources, it has happened for the first time in the history of Pakistan that any senior most judge has been appointed as Acting Chief Justice of Lahore High Court. Justice Khawaja Sharif said that he will not accept any decision without consultation with the Chief Justice of Pakistan while Justice Saqib Nisar said that he will act upon CJPs orders and he will not go to Governor House to take oath of the post. Chief Justice Iftikhar Muhammad Chaudhry had sent summary to the President recommending the name of Justice Saqib Nisar for the appointment in Supreme Court. CJP also recommended the President to retain Justice Khawaja Sharif as Chief Justice of LHC. President appointed judges as per constitutional provisionsMinister for Information and Broadcasting Qamar Zaman Kaira said Saturday that President has appointed Justice Khawaja Muhammad Sharif judge of the Supreme Court,and Justice Saqib Nisar as Acting Chief Justice of LHC as per constitutional provisions.Talking to APP by telephone, the minister said that President Asif Zardari took the decision after thorough consultations.The minister said there was no confrontation among the institutions and all are working within their constitutional framework. Presidential spokesman contradicts rumours of emergencyContradicting the rumours of emergency, Spokesperson to the President Farhatullah Babar on Saturday night clarified that the government will not impose emergency in the country at all.While commenting on such rumours, the Spokesperson to the President said some anti-democratic forces were trying to weaken the democracy through conspiracies. PM, President discuss current situationPresident Asif Ali Zardari held a meeting with Prime Minister Yousaf Raza Gilani at the Presidency in which countrys situation came under discussion. Before his meeting with PM Gilani, President also met with Babar Awan and Latif Khosa in which judges appointment issue was discussed. On this occasion, situation prevailed after Supreme Courts decision on NRO was also reviewed.
