26th Amendment first step for establishment of independent Judiciary: Lawyer Hashmat Habib
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KARACHI: 26th Amendment is great achievement of Parliament to revive authority of supreme body for running all organs of State in better way, however, room for improvement remains open.
Hashmat Habib President Tehreek e Tahaffuz e Adlia commented treating this amendment as first step taken for establishment of independent Judiciary as permissible by constitution and law. He said unnecessary criticism is uncalled for. According to senior lawyer Ansar Abbasi referred senior former Attorney General hiding his name and attempted to create confusion, if opinion given by said person is beneficial to Constitution, why his name was hidden? He said on face of it provision provided in substituted clause 3 of amended Article 175(A) is prima facie against object of selection of competent Judge as Chief Justice of Pakistan and against its spirit.
This proviso said that where nominee under this clause declines as judge from remaining judges amongst 3 most senior Judges shall be considered and nominated. This proviso should be omitted because 2nd proviso is beneficial and sufficient. Hashmat Habib said in amendment under Article 203(D) proviso is added regarding appeal against Federal Shariat judgment, which needs further amendment that during period of one year judgment should remain effected unless suspended by Supreme Court.