Pakistan

Judges' appointment not clear in 18th amendment: Khosa

Justice Asif Khosa said the method of judges' appointment is not clear in the 18th amendment.

Express July 06, 2010

ISLAMABAD: Justice Asif Khosa said the method of judges' appointment is not clear in the 18th amendment in Tuesday’s hearing of the petitions against the 18th amendment.

Today's proceedings focused on the formation of the judicial commission.

The chief justice said since the attorney general had not taken oath under the constitution therefore, he is not responsible for securing the constitution.

Continuing his arguments from yesterday, Supreme Court Bar Association counsel Hamid Khan said he has no problem with the council's formation. However, he said he objects to the inclusion of the law minister and attorney general in the commission.

Hamid Khan said the offices of these two people are temporary and therefore they should be excluded from the commission. He also said that the chief justice of Pakistan should head the judicial commission for the appointment of judges.

Meanwhile, Justice Khalil-ur-Rehman Ramday also objected to the inclusion of retired judges in the judicial commission.

The Supreme Court has adjourned the hearing of 18th amendment case till Wednesday.

COMMENTS (4)

hakeem | 14 years ago | Reply off course yes any illitrate parliamentarian can become law minister but whats wrong with it having vision.. i repeat vision can not be linked with degrees i know many illitrate who have profound knowledge of people and also know many geeks who cant differ a degreed judge from a visionry parliamentarian. If you have complains from Parliamentarians bring about a movement make people realize that they need to elect better people but if u opt for parliamentary system then no unelected Farce judge can decide fate of country. Lastly if Judges nd Lawyer leaders think they are a choice better then current parliamentarians than they should contest elections nd if they say they are afraid that people of pakistan are not politicaly conscious of their rights of voting power than they do not belive in process of politics..rather they believe in shortcut coups and even best coups are treason.

Syed Masud ul Hassan | 14 years ago | Reply To bring about any changes in the present judicial system, a judicial reforms commission should be appointed. That commission should be headed by a retired Chief Justice with about half a dozen eminent jurists. Changed made under 18th amendment were never demanded by any segment of the society. Charter of Democracy is an agreement between 2 persons. PML (N) did not have it as their election manifesto. You answer my point about the qualification of a law minister. Can an illiterate become a law minister or not.

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hakeem | 14 years ago | Reply Masud I think you have no knowledge of current mode of appointment i tell u relevant chief justice is sole authority these days nd all previous CJs including current one have an unenviable history.

Masud | 14 years ago | Reply From the name it appears that the Judicial Commission is to be composed of eminent jurists. The law minister and his team form majority. As the Constitution does not lay down any qualifications for appointment of law minister except that he has to be MNA, any fake degree holder could be appointed to that office and play a key role for selection of judges of the superior courts. Masud

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