ISLAMABAD: The federal Law Ministry on Tuesday sent to President Asif Ali Zardari for formal approval a recommendation by Chief Justice Iftikhar Muhammad Chaudhry to elevate Justice Mian Saqib Nisar \u2013 a senior judge of the Lahore High Court \u2013 to the Supreme Court on a permanent basis, sources told Daily Times.<\/p>\n
* CJ recommends elevation of Justice Nisar, appointment of Justice Ramday on ad hoc basis.<\/p>\n
If the recommendation is approved, Justice Nisar would be appointed to the slot vacated by Justice Khalilur Rehman Ramday \u2013 who retired on January 12.<\/p>\n
The sources said the chief justice had also recommended Ramday\u2019s name for appointment on ad hoc basis for a year.<\/p>\n
The chief justice sent his recommendation to the ministry about three weeks ago.<\/p>\n
The sources said a day before Dr Babar Awan took charge as federal law minister, federal Law Secretary Justice (r) Riaz Akhtar Kiyani wrote a note for the recommendation to be sent to the president the next day. But when Awan took charge on December 17, he stopped the recommendation and it had been pending since, as the government was \u201ceager to promote\u201d LHC Chief Justice Khawaja Muhammad Sharif to the SC, said the sources.<\/p>\n
While a few legal experts believe that under the principle of seniority, LHC Chief Justice Khawaja Muhammad Sharif should be elevated to the SC \u2013 an overwhelming number believes that the elevation of any senior judge from the high courts to the SC is the sole discretion of the chief justice.<\/p>\n
A large number of legal experts also believes that \u201cthe president\u2019s approval is just a formality\u201d. However, they say the president may reject the chief justice\u2019s recommendations on the basis of \u201csolid reasons\u201d.<\/p>\n
Government sources said the government had decided to act on the chief justice\u2019s recommendation to prevent a confrontation with the country\u2019s top judicial office.<\/p>\n