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Question to Supreme Court Why Saqib Nisar and why Khawaja Sharif ?

14 Feb

Here comes the new mess.

Again in Pakistan, Judges and Executive are face to face.

Ok, for people who don’t know, visit

http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/president-elevates-justice-sharif-to-sc,-appoints-justice-saqib-as-lhcs-acting-cj-sc-suspends-notification-govt-claims-it-consulted-cj-legal-fraterni-420

From what I have heard, Chief Justice of Pakistan wants to elevate Justice Saqib Nisar to Supreme Court where as Govt. wants (more specifically it appears President of Pakistan wants) Chief Justice of Lahore Hight Court Justice Khawaja Muhammad Sharif.

What I have heard that it appears Chief Justice has more say in who’s to be elevated to the Supreme Court.  However what has concerned me more is Why Chief Justice wants a specific person to be in the Supreme Court and not the other one?

Is Justice Khawaja Sharif (Chief Justice of Lahore) less competent than Justice Saqib Nisar? or is it just personal preference?

If it is based on merit that I will be really interested in knowing why a Chief Justice of Lahore is less competent that his junior.

On the legal grounds, to me atleast it appears Cheif Justice of Pakistan has more firm standing because Govt. has to take the Supreme Court’s recommendation, which it has become evident that they have not taken. But the Supreme Court has to explain what is the criteria in which a person is elevated to this highly prestigious institution.  Just because you are legally right does not make a decision right.

Just because you can do something does not make it a correct decision.

He must explain why he is not picking the senior most judge to the Supreme Court. What is the mechanism of such process?

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