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WEEKLY
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| Nawaz urged to help stop conspiracy against judges |
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Saturday, March 20, 2010
By Usman Manzoor
ISLAMABAD: Senior Advocate Supreme Court of Pakistan Barrister Akram Sheikh has requested the leader of Pakistan Muslim League-N to foil the conspiracy against the independent judiciary and take a stand against the upcoming constitutional amendment regarding change of procedure in appointments in the superior judiciary.
In his open letter to Muhammad Nawaz Sharif, the senior lawyer has said that PML-N chief should resist the change of procedure of appointments in the superior judiciary to save the independent judiciary.
Akram Sheikh said, “Unfortunately, the government wants the judiciary to sacrifice to save the democratic system and it should not hold the government accountable.” He said that the government had been trying to save the Dogar court for the last two years to avoid accountability and it had also been trying to stop the present judges from holding the government accountable.
Akram Sheikh also lamented the role of lawyers’ leaders, who were now voicing the government’s view. “The conspiracies against the judiciary are going on with no end in the near future. Whether the issue was of the orders of the Supreme Court to reopen cases in Switzerland or the appointment of new Chief Justice of Lahore High Court without the consent of the Chief Justice of Pakistan, these self-claimed leaders have kept mum.
“The PPP government is openly claiming to have managed these lawyers’ leaders who never had rested while chanting slogans against Musharraf”. Sheikh also pointed at those lawyers’ leaders who had soft corner for the PPP and mentioned that these leaders could not manage to give the credit of restoration of the judiciary to the PPP.
“It was the media and young lawyers who compelled these leaders to seek help from you (Nawaz Sharif) to hold a long march and by the grace of Allah now we have an independent judiciary and no one can forget your key role in its restoration.”
Sheikh’s letter states: “Now that the government has managed to get hold of these leaders, it has once again become mandatory on you to save the judiciary from all conspiracies and you can do it with the help of Allah.”
Regarding the constitutional package Sheikh stated: “The Charter of Democracy was signed in a particular situation when a dictator had toppled a democratic government on October 12, 1999 and the superior judiciary had legitimised this coup.
“Formation of a judicial commission regarding appointments in the superior judiciary was the most appropriate decision at that time. But after CoD on March 9, 2007 and November 3, 2007 the superior judiciary had set such an example of not bowing before the dictators that could not be found anywhere in the world.
“America and India claim that their judges are the custodian of democratic system but judges in neither of the countries have sustained the agony of arrest and deposition while protecting the constitution.
“The timing of amending the Constitution for appointments in the superior judiciary was not appropriate as for the first time in 63 years, the judiciary under CJP is an iron wall for protection of Constitution and democratic system. At this stage, by not respecting the advice of CJP is like no-confidence on the judiciary.
“Government’s key role in appointments in superior judiciary at this stage is not good because during the last two years, the government has been held accountable for its corruption in the Supreme Court and in the high courts for which the government’s members are not happy with the judiciary, which makes sense.
“When the members of the cabinet and president are facing corruption charges and the SC has taken up the Pakistan Steel Mills and Swiss Money Laundering cases etc, the government’s bid to get the lion’s share in appointments in superior judiciary was inappropriate and could not be termed an act done in good faith.
“If the American model is to be followed, not only the judges but the cabinet, ambassadors, Governor of Central Bank, the chiefs of FBI and CIA are also scrutinised in the parliamentary committees. Why this procedure for judges only?” he asked.
“Why Senator Raza Rabbani’s committee is not pressing for parliamentary scrutiny of ambassadors and Governor State Bank after specific role of Hussain Haqqani in Kerry-Lugar Bill, Wajid Shamsul Hassan’s being caught redhanded stealing the evidences of Swiss Money Laundrering cases, MB Abbasi’s corruption; when such a person is appointed as Governor State Bank of Pakistan who has been nominated in a money laundering case by US Senate’s investigation team that he as officer of City Bank facilitated Asif Ali Zardari to commit the crime of money laundering. These documents can easily be accessed from internet,” Sheikh said.
“The most important thing is that the CJP and the senior judges are in the best position to judge the capacity of a lawyer to become judge of the superior judiciary. “What the logic behind parliamentary committee’s scrutiny is and what the committee would try to find out that the senior judges could not.”
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ISSN 1563-9479 
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