While negating the stance of the Punjab government on Article 175-A of the Constitution, AG Punjab Khawaja Harris pleaded before the 17-member SC bench that in the previous system the only role the executive enjoyed in the appointment of judges was to issue the notification whereas under the new system the independence of judiciary has been compromised.
He was continuing his arguments during hearings of petitions challenging some parts of the 18th amendment.
He argued that the inclusion of law minister in the commission is dangerous and through the parliamentary committee, the judicial commission has been made invaluable. Therefore, by striking down the Article 175-A, both the judicial commission and parliamentary committee be declared void, he pleaded.
Justice Javed Iqbal remarked that parliament has the right to make constitution better.
Harris contended that the law minster, attorney-general and member of Pakistan Bar Council are not part of the judiciary and similarly the judicial commission and the parliamentary committee are against the basic principle of independence of judiciary.
Published in The Express Tribune, August 24th, 2010.
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