Akram Sheikh said it was deplorable that the proceedings before the parliamentary committee considering the names would not be secret, saying that any aspirant not approved by the committee would be stigmatised for ever for such posts in future.
In a country where the people like Abdul Hameed Dogar have reached to the Supreme Court of Pakistan and people like Akram Shaikh and Qazi Anwar can argue in front of the supreme court , it is very important to keep the parliamentary proceedings secret. It will be hard for them to get ANY job in future if those people conduct is discussed in public and that too by the “uneducated”, “illeterates” of the Parliament.
We are more equal than others My Lord!!
Sheikh contended that in the judicial commission, law minister represents the whole cabinet while the attorney general is the principal law officer of the Federation, adding that through Article 175-A, they will have vote equal to that of the chief justice.
One of the problem with thinking of people like Akram Shaikh is their inability to digest the concept of equality. For them some people are more equal than the others. Yes the Law Minister and the Attorney General’s will have vote equal to that of Chief Justice.
Graduate Assembly passed 17th Amendment…. Graduate Judges approved 17th amendment….. And Graduate Lawyer arguing against the 18th amendment, But :
“Even an under-graduate (Jamshed) Dasti can sit in the (eight-member) parliamentary committee meant to approve recommendations of the (seven-member) judicial commission”, Akram Shaikh
Ahh… then how can an under-graduate have a say in appointment of the Judge. C’mon Akram Shaikh your arguments are bogus and ridiculous. Justice Shakirullah Jan rightly pointed to him that :
The president must not necessarily be a graduate and yet he was the appointing authority. In the scheme of the Constitution, primacy has been given to the president to appoint any judge in consultation with the chief justice.
Misleading the court:
Justice Asif Saeed Khan Khosa asked Mr. Akram Shaikh , who in the judicial commission had the prerogative to introduce the names for elevation as judges? , and Akram Shaikh answered that earlier the right was with the chief justice, but it had been taken away by the 18th Amendment. Which was a factually wrong , the right of the Chief Justice to nominate the judges was by way of a tradition and has not been taken away by 18th amendment. Justice Saqib Nisar was right in asking/reminding him about that fact. The 18th amendment is quiet on who will nominate the judges for judicial commission to consider. However as the tradition goes it will be the office of Chief Justice who will initiate the names of these Judges.
Basic Structure of the Constitution:
It is important to note that just like the “Objective Resolution” is used by the dictators and their cronies to suppress the will of people , the doctrine of basic structure has also been used for the same purpose. The constitution’s basic structure doctrine originated from India where it was created in order to safeguard the rights of minorities. However Akram Shaikh’s of Pakistan are trying to use it for the opposite.
Later outside the court, Sheikh faced great embarrassment after levelling allegations against newsmen for taking envelops. At this, the court reporters strongly protested and chanted slogans of “shame, shame”.Sheikh got furious over the volley of questions by the newsmen and accused them of taking envelopes.
Mr. Akram Shaikh has completed his arguments and Supreme Court will now be hearing the case again on Monday. As I said earlier this case should have been thrown out by the registrar office, it has again been proven by the shallow and baseless arguments by Mr. Akram Shaikh. Remember that only valid reason on which a Supreme Court can hear the case against a constitutional amendment is whether the amendment is against the fundamental rights or not. 18th Amendment has only safeguarded the fundamental rights of people of Pakistan. Hearing the observations from some of the judges I feel that there is a good chance that SC may struck down article 175-A on a majority vote which will really be unfortunate. I hope CJ IMC does not go down in the history like his predecessor. He has many good qualities and should remember that people of Pakistan have the right to expect good from him……..