Justice (R) Tariq Mehmood, Hamid Khan Avocate and Barr, Zaffar Ullah join Dr. Moeed Pirzada in a brief discussion about Judicial appointments process.
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now finally the politicians are getting together to fry the judges..few days ago when this overzealous Iftikhar Chaudhry was going on his rampage I pointed out the risks..I had written, this now marks the beginning of the decline of the power and prestige of Judiciary…. and now the process has begun…but I am sad because politicians are simply incapable of doing any good…I wonder what can be done now to save a free judiciary…looks pretty dismal to me at least…if politicians of all sides are united…I am sure others will be less hopeless…I am sure some will have some ideas????
Can anyone tell me what is the difference in the following:
1. PM appoints the judges.
2. PM appoints the people who will appoint the judges. All these people will be working for the PM anyways.
How is it going to be any different?
It is not who appoints the judges, the problem is that at age 65 they all need jobs from the Govt.
Only solution is to have the PM appoint the judges for lifetime appointment and limit the number of judges. When when dies or retires, another one is appointed.
Cannot risk that a Dogar like CJ conrols the entire court.
bionic lady:
u r actually in love with Dr. Moeed pirzada,
I don’t want to create any conspiracy on this. At some point I personally feel If I were a girl I feel same same thing for such a hansom person,
but you are really A “chamchi”
sorry if u feel bad for it but this is fact.
@ Aliooo This forum is for comments on the programmes only , You are acting like a Twat by being personal towards Bioniclady and this pollutes this decent forum..
Act like a Man dude!!!
I wonder where are the moderators !!!
@ Bionic Lady @ Malick Olachi…..Politicans will always gang up together with like minded people of the establishment whenever their authority is jeapordised..
Their sole purpose to gain unchallenged power is to create wealth for themselves and their family, absolutely nothing else…
Look at the manifestation of 4By4 vehicles on a parliament session outside the parliament..
Judiciary is also tainted with stories like “bags of cash” given to Khawaja Shareef by Nawaz shareef (Kashif Abbasi’s today programme)..
I agree the Romantic Idea of the chief justice being the answer to all the ills of this country is kinda loosing its romantic touch..
Read ….Aitzaz Ahsans statement …”If the time comes to choose between the judiciary and the party i shall choose the party”…
If this had to happen Mr Ahsan what is happening in the country right now then Why was Mr Musharaf kicked out in the name of justice in the first place at least he made sense on quite a few issues!!!!
Judges Appointment Process as per COD:
3. (a) The recommendations for appointment of judges to superior judiciary shall be formulated through a commission, which shall comprise of the following:
i. The chairman shall be a chief justice, who has never previously taken oath under the PCO. The Chairman – Non-Political
ii. The members of the commission shall be the chief justices of the provincial high courts who have not taken oath under the PCO, failing which the senior most judge of that high court who has not taken oath shall be the member. Non-Political
iii. Vice-Chairmen of Pakistan and Vice-Chairmen of Provincial Bar Association with respect to the appointment of judges to their concerned province Non-Political – Elected by Lawyers
iv. President of Supreme Court Bar Association Non-Political – Elected by Lawyers
v. Presidents of High Court Bar Associations of Karachi, Lahore, Peshawar, and
Quetta with respect to the appointment of judges to their concerned province Non-Political – Elected by Lawyers
vi. Federal Minister for Law and Justice Political
vii. Attorney General of Pakistan Politically Appointed
(a-i) The commission shall forward a panel of three names for each vacancy to the prime minister, who shall forward one name for confirmation to joint parliamentary committee for confirmation of the nomination through a transparent public hearing process. Good
(a-ii) The joint parliamentary committee shall comprise of 50 per cent members from the treasury benches and the remaining 50 per cent from opposition parties based on their strength in the parliament nominated by respective parliamentary leaders. Check and Balance – No license to kill by single party
(b) No judge shall take oath under any Provisional Constitutional Order or any other oath that is contradictory to the exact language of the original oath prescribed in the Constitution of 1973. Good
(c) Administrative mechanism will be instituted for the prevention of misconduct, implementation of code of ethics, and removal of judges on such charges brought to its attention by any citizen through the proposed commission for appointment of Judges.Good
(d) All special courts including anti-terrorism and accountability courts shall
be abolished and such cases be tried in ordinary courts. Further to create a set of rules and procedures whereby, the arbitrary powers of the chief justices over the assignment of cases to various judges and the transfer of judges to various benches such powers shall be exercised by the Chief Justice and two senior most judges sitting together. Good
________________________
Q: Who appoints federal judges in USA?
Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution. The names of potential nominees often are recommended by senators or sometimes members of the House who are of the President’s political party. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Article III of the Constitution states that these judicial officers are appointed for a life term. The federal Judiciary, the Judicial Conference of the United States, and the Administrative Office of the U.S. Courts play no role in the nomination and confirmation process.
http://www.uscourts.gov/faq.html
@ali000 _ you are definitely a sexist..though I wonder what have I written on such a serious topic like appt of judges which exhibits my amorous feelings for the Anchor…I remember it was you previously who was in love with a young woman presenter who most will consider brain dead…any ideas about her education and experience my dear fair man?
@uth oyay _ Excellent Details and comments… thank you so much for this clarification, I think program, anchor and guests have all failed to discuss this potential balance inherent in the actual COD recommendations…though these three nominations by the Judicial Commission is a little bit too much leeway to the Pakistani Prime Minister (keep the characters of Yousaf Raza Gillani, Zardari and Nawaz Sharif in mind ) and we must not forget that the American President and political system works under a very tight social, political and media supervision… they have evolved in a way where domestic politics unlike the foreign policy is very tightly scrutinized…
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