Judges foil conspiracy to divide them By Ansar Abbasi

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ISLAMABAD: Already cornered by the apex court’s decision on the NRO and expecting the bombshell of the detailed judgment anytime, certain elements in the government are trying hard to create divisions within the superior judiciary so that the alleged looted money remains safe in offshore accounts, and corruption cases against President Asif Ali Zardari are not re-opened.

However, to their bad luck they are facing failure and have reached a dead end in their bid to cause any rift in the superior judiciary. While the government wants to outmanoeuvre Chief Justice Iftikhar Muhammad Chaudhry’s recommendations for the appointment of judges in the Supreme Court, the respected second most senior judge of the Lahore High Court (LHC), Justice Saqib Nisar, categorically told The News: “I am at the beck and call of my chief justice (Justice Iftikhar Muhammad Chaudhry).”

Honourable LHC Chief Justice Khawaja Sharif when approached last week by President Zardari’s confidant and Law Minister Babar Awan with the offer that the federal governmentwants to see Justice Khawaja Sharif in the apex court, the LHC CJ was also categorical in his response that he would sincerely follow any decision taken by the Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhry.

After blocking the appointments of judges in the Supreme Court as well as in the high courts, some leading legal eagles of the government are on a mission to create a rift within the superior judiciary and pave the way for some sort of mutiny against the widely respected Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhry.

Lahore, according to informed sources, is presently the prime base of government’s conspiracies where, in the Punjab Governor’s House, which is hosting President Asif Ali Zardari, plans are being made to devise ways and means to outmanoeuvre Chief Justice Iftikhar Muhammad Chaudhry. The publicly condemned but officially blessed Babar Awan, Minister for Law, and a close associate of President Zardari, is playing his tricks to bring smiles at the face of his present political mentor — President Asif Ali Zardari — with the kind of changes in the superior judiciary as desired by the president.

He met LHC CJ Khawaja Sharif twice last week but failed to achieve anything. Although Awan was not available for his comments, LHC Registrar Abdus Sattar Asghar when contacted confirmed to this correspondent that following the law minister’s request, the LHC CJ allowed him a meeting at the latter’s residence soon after evening (Maghrib) prayers on last Thursday. Although there was no official word available from either side as to what had transpired in the meeting, a well informed official source in the Governor House, Lahore, told The News that Babar Awan expressed before the CJ LHC the Presidency’s desire to see Justice Khawaja Sharif elevated as the judge of the Supreme Court.

However, Justice Khawaja Sharif, the source said, told Babar Awan that Chief Justice Iftikhar Muhammad Chaudhry’s recommendation to elevate Justice Saqib Nisar as judge of the Supreme Court and to retain Justice Khawaja Sharif as the LHC CJ was in line with the Constitution, and the principles as laid down in Al-Jihad case. Though it may not have sounded music to Babar Awan’s ears, he was told by LHC CJ Khawaja Sharif that he respects the chief justice of Pakistan’s recommendations and would sincerely follow them in letter and spirit as it is the CJP’s discretion to elevate any judge of the high court to the Supreme Court.

The source added that the presidential camp also came to know about the fact that the CJP had sent his recommendations to the president after the consent of the two top judges of the LHC — Justice Khawaja Sharif and Justice Saqib Nisar.

Although unconfirmed media reports suggest that the federal government has conveyed it to Justice Saqib Nisar of the Presidency’s desire to appoint him as the LHC CJ, no such contact was confirmed. When approached by this correspondent by phone, Justice Saqib Nisar denied having been contacted by either the Governor House, Punjab, or Babar Awan, but he categorically said, “I am at the beck and call of my Chief Justice (Justice Iftikhar Muhammad Chaudhry).”

He did not offer any further comment but conveyed it to all and sundry by his smartly phrased 11 words response that he is a man of law and Constitution and is, therefore, not interested to be part of any conspiracy. The government is interested to bypass Chief Justice Iftikhar Muhammad Chaudhry and appoint Justice Saqib Nisar as the chief justice of the Lahore High Court despite the constitutional position and principles set by the Supreme Court in the Al-Jihad Trust case that the CJP’s recommendation for the appointment of judges is binding on the president.

The CJP in his recommendations, sent to the president over three weeks back, had sought the elevation of Justice Saqib Nisar as judge of the Supreme Court against the vacancy that occurred with the retirement of Justice Khalilur Rehman Ramday. The Presidency, however, is adamant to elevate the incumbent chief justice of the LHC, Justice Khawaja Sharif, as judge of the Supreme Court. It desires the appointment of Justice Saqib Nisar as Chief Justice of the LHC.

On Saturday last, the LHC CJ hosted an annual ritual lunch, generally called Langer, at his residence. The lunch was attended by a few hundred people and some of the uninvited guests, including Law Minister Babar Awan. Though Awan had a handshake with the LHC CJ, he could not meet him one-on-one. However, he noticed Justice Saqib Nisar attending his CJ’s Langer which served as a slap on the rumour mongers’ face, who are whispering about the differences between the two top judges of the LHC.

Meanwhile, an official source in Islamabad insisted that the government intends to notify the appointment of Justice Saqib Nisar as the LHC CJ while elevating Justice Khawaja Sharif to the Supreme Court. However, neither it has been confirmed by any credible source nor it can be done constitutionally without the consultation of the chief justice of Pakistan, whose recommendations are different and still not yet approved or disapproved by the president.

The CJP recommendations regarding the appointment of judges are binding, and in case the president does not agree with any recommendation of the CJP, he is bound to explain plausible reasons in writing that too could be questioned in the apex court.