Association also passed one resolution while Justice (retd) Saeeduzzaman Siddiqui also emphasised the role of the parliamentary committee.
“There has been sustained demand for the parliamentary committee,” Justice Khosa added.He further observed that everything was under control as the parliamentary committee on judges appointment only confirms the names forwarded to it by the judicial commission. He said if the committee rejects any nomination then it has to give justifiable reasons.
“Why there was so much distrust for politicians, as they have created the country and gave the nation a Constitution,” Justice Khosa asked Hamid Khan.It is pertinent to mention that in February, the Supreme Court had decided to take up the pending 18th Amendment case along with the current petitions, challenging the 21st Amendment case.
Four years earlier, the full court headed by former chief justice Iftikhar Muhammad Chaudhry on October 21, 2010 issued an order suggesting new guidelines in the procedure for appointment of judges of the superior courts under Article 175-A of the Constitution.
Later, the Parliament passed a law under the 19th Amendment and accepted all the proposals made by the Supreme Court and incorporated them into the Constitution.On Tuesday, Hamid Khan argued that the parliamentarians wanted to strengthen the committee and weaken the judicial commission. He said five years experience is before us.
Chief Justice Nasirul Mulk observed that there have been so many appointments through the present system in the last five years, and the judges have passed many judgments. “With the passage of time, things will be resolved because if we would evolve new system then again there will be some problems,” the chief justice observed.
Hamid Khan further submitted that in the last five years many judicial appointments have become controversial. Justice Mian Saqib Nisar, another member of the bench, said friction between the institutions is not bad but healthy as things improve, but if they (institutions) are hand in glove with each other then it’s a matter of concern.
Justice Ejaz Afzal Khan questioned the counsel as to how the parliamentary committee obstruct or impinge the independence of judiciary. “Why did you think that the parliamentary committee should be excluded from the process of judges’ appointment,” Justice Ejaz Afzal asked Hamid Khan.
Justice Saqib said independence of judiciary and separation of powers are the cardinal features of the Constitution.Meanwhile, the full court adjourned the hearing till today (Wednesday) while Hamid Khan will continue his arguments.