Justice Saqib Nisar's elevation to Supreme Court: Prime Minister asks President to request CJP for reconsidering recommendation
Prime Minister Syed Yousuf Raza Gilani has asked the President to request the Chief Justice of Pakistan to reconsider his recommendation regarding the elevation of Lahore High Court (LHC) judge, Justice Saqib Nisar, to Supreme Court.
The recommendation of the Chief Justice to appoint Justice Mian Saqib Nisar, Senior Judge of LHC as judge of the Supreme Court was duly considered by the Prime Minister and the President, says a statement of the Ministry of Law, Justice and Parliamentary Affairs issued here Saturday.
"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 of Pakistan for such elevation," the statement said. Justice Khwaja Muhammad Sharif, Chief Justice LHC, is the most senior judge and therefore, it is his right to be elevated to the Supreme Court.
Keeping in view the legal-constitutional position, the Prime Minister has advised the President to request the Chief Justice of Pakistan to reconsider his recommendation dated 19-12-2009, for making recommendation afresh for the elevation of most senior judge of the LHC to the Supreme Court. While accepting the advice of Prime Minister, the President has asked the Chief Justice to reconsider his earlier recommendation, so that most senior judge in the LHC be appointed as Judge of the Supreme Court.