ISLAMABAD – On the recommendation of Prime Minister Syed Yousuf Raza Gilani President Asif Ali Zardari has returned the summary sent by Chief Justice for elevation of Lahore High Court judge Justice Saqib Nisar to Supreme Court with the request to reconsider his earlier recommendation so that the most senior judge in the Lahore High Court be elevated to the apex court.
According to a handout of Ministry of Law, Justice & Parliamentary Affairs, PM Gilani, keeping in view the lego-constitutional position has advised President Zardari to request the Chief Justice to reconsider his recommendations dated Dec 19, 2009 regarding the elevation of LHC judge Justice Mian Saqib Nisar as judge Supreme Court of Pakistan. Acting on the advice of Premier Gilani, President Asif Zardari has returned the Chief JusticeÂ’s summary with the request to reconsider it and make recommendation afresh so that the most senior judge of Lahore High Court be elevated to the Supreme Court of Pakistan.
The recommendation of the Chief Justice to appoint Justice Mian Saqib Nisar, Senior Judge of the Lahore High Court as Judge of the Supreme Court was duly considered by the Prime Minister and the President. The Prime Minister of Pakistan keeping in view the legal position and the guidelines given in the Al-Jehad Trust Case PLD-1996 by the Supreme Court of Pakistan that primacy in the matter of elevation of High Court judges to the Supreme Court has to be given on the basis of seniority, the statement further stated.
“The most senior judge in the High Court has to be elevated to the Supreme Court, unless found to be unsuitable by the Chief Justice for such elevation,” it was further stated. Justice Khwaja Muhammad Sharif, Chief Justice of Lahore High Court, is the most senior judge and therefore, it is his right to be elevated to the Supreme Court.