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President and prime minister have no discretionary powers-SC

images (1)The Supreme Court (SC), while announcing its opinion in presidential reference concerning the appointment of superior court judges, on Thursday asserted that when it comes from the constitution, the President of Pakistan didn’t have discretion to transmit the nominee from the judicial commission and confirmed through the parliamentary committee for reconsideration. A legal court made it clear the judicial commission and parliamentary committee were the ultimate authority for that appointment of superior court judges and also the role from the leader in connection with this was very nominal. Concerning the seniority from the judges, a legal court known towards the concepts laid lower within the Al-Jehad Trust situation when the commission decides to appoint someone apart from probably the most senior judge as chief justice, it might give induce to question before an adjudicatory forum and also the problem might be made the decision there, although not within this jurisdiction. It will be noted that the five-member bench from the apex court headed by Justice Khilji Arif Hussain and composed of Justice Tariq Parvez, Justice Ejaz Afzal Khan, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed on December 14, 2012, after hearing the arguments of Wasim Sajjad, counsel for that federation, Attorney General for Pakistan Irfan Qadir, amicus curiae, former attorney general Makhdoom Ali Khan and Khwaja Haris, former advocate general Punjab and Akram Sheikh, counsel for that petitioner, had reserved the judgment in the presidential reference case concerning the appointment of superior court judges.