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Appointment of Judges : President Zardari’s decision is in accordance with the constitution – prominent jurists say

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Legal experts divided over appointments

Courtesy: Daily Times

LAHORE: The legal fraternity of the country remained divided over its views on the Supreme Court’s suspension of the presidential appointment of two top judges in an emergency ruling late on Saturday. Former Supreme Court Bar Association, SCBA president Ali Ahmed Kurd said the principle had been set by the SC verdict in the Al-Jihad Trust case that the senior most judge of a high court would be elevated to the Supreme Court. Barrister Zafar Ali Khan and former SC judge Fakhruddin Ebrahim also termed the president’s decision as being in accordance with the constitution. Prominent jurist Fawad Chaudhry said the president’s decision was in accordance with the constitution. He said according to Article 206 of the constitution, the judge stood as “retired” after refusing to accept the decision of elevation. People Lawyers Forum leaders Tanvir Hashmi and Rana Sufiyan Ali said the president’s decision was in accordance with the constitution and the SC verdict in the Al-Jehad Trust case.However, former Punjab advocate general Ashtar Ausaf said the president’s decision is unconstitutional as he acted against the CJP’s recommendations. Senior lawyer Dr Khalid Ranjha said a “vacuum is being deliberately created” to pave the way for third party interference.

Former SCBA president Hamid Khan said the appointments made by the president were a clear violation of the constitution.

Source – http://www.dailytimes.com.pk/default.asp?page=20102\14\story_14-2-2010_pg1_5

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