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Old Thursday, February 18, 2010
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Omer Omer is offline
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According to the information i got on the web, it can be summerised as:

Al Jihad Trust case 1996 signifies the appointment of judges to the superior Courts. To minimize the role of the executive, the words ‘after consultation with the Chief Justice’ in Articles 177 (1), 193 (1) and 203-C (4) of the Constitution have been interpreted by the Supreme Court in Al-Jihad Trust vs Federation of Pakistan, PLD 1996 SC 324 by giving primacy to the advice of the Chief Justice.

It was held that the ‘consultation’ should be ‘effective, meaningful, purposive, consensus-oriented, leaving no room for complaint or arbitrariness or unfair play’. It was further held that the consultative process is mandatory and without it no appointments can be made.
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