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CJP's suo motto notice of President’s decision CJP's suo motto notice of President’s decision

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  #51  
Old Saturday, February 20, 2010
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Originally Posted by mashal khan View Post
The comments shows your approach and study.
Being a political scientist The government act was valid,as the original constituion of 1973,under article 177 says that The Chief Justice of Pakistan shall be appointed by the President, and each of the other Judges shall be appointed by the President after consultation with the Chief Justice.

BUT in ALjihad trust case,there came the seniority issue,means the senior most judge shall be appionted as cheif justic.

But under 17th amendment, the president shall appiont all judges of supreme and high court,without the consultation of Cheif justice,

Now you ppl tell me,the President of pakistan has the power to appiont any judge under 17 amendment.
Wake up....17 amendment is still in action,if it is curtailed then this act of president would have been cosidered as illegal.
@mashal

U mentioned Aljihad case then what about this case In 1996 supreme court already interpreted the word consultation in Article 177 & 193(in judges case)

Supreme court observed that cosultation must be effective,meaningful and consesus oriented allowing the consultee the power to reject the nomination.

17th amendment iz a blow on the face of democracy democratic minded people must object this amendment instead of supr
ting it.this iz an independent judiciary.dont u think taht 17th amendment iz against independent judiciary and a democratic and parliamentry govt.
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  #52  
Old Sunday, February 21, 2010
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Althoug its ablow on democracy but still we cant deny the fact that 17 amendment is an operational part of constitution.It is 17 amendment which gives discretionay powers to president to appiont judges without consultation with CJ.
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