In a u-turn, Pakistan government today decided to accept chief justice Iftikhar Chaudhry's recommendations for judicial postings, to avert a possible showdown with the Supreme Court, which had struck down the appointment of two judges.
Following a meeting between prime minister Yousuf Raza Gilani and Chaudhry, the government said a fresh notification
would be issued tonight for the appointment of three judges in keeping with the recommendations of the chief justice.
Gilani told reporters after the meeting that the new order would be "in supersession of an earlier notification" issued last week by President Asif Ali Zardari.
The government also agreed to fill dozens of vacant slots in the high courts in Punjab and Sindh provinces.
The Supreme Court last week struck down two judicial appointments made by Zardari that went against the chief justice's recommendations.
The move sparked fears of a possible showdown between the executive and judiciary that could destabilise the Pakistan People's Party-led government.
A delay in filling vacant slots in the high courts in line with recommendations made by the chief justice had also caused friction between the Supreme Court and the government.
Gilani described his unprecedented meeting with the chief justice as part of a consultative process aimed at evolving consensus on judicial appointments "according to constitutional requirements".The government accepted chief justice Chaudhry's recommendation that Khwaja Muhammad Sharif should remain the chief justice of the Lahore high court and that Justices Saqib Nisar and Asif Saeed Khosa be made judges of the apex court.
Chaudhry's close aide Khalil-ur-Rehman Ramday, who retired recently, was appointed as an ad hoc judge of the apex court for a year.
Though the government had not acted for weeks to fill vacant slots in the high courts, Gilani said the process would be completed today.
The premier evaded a question on whether the chief justice's advice on the appointment of judges would be binding on the government.
"The consultative process and the consensus that has been evolved is part of the constitution. This was the proper way to consult as it was result-oriented," he said.
Legal experts have been divided on whether the chief justice's advice is binding on the government. Zardari's aides had said that he had consulted the chief justice before making the appointments last week. They had also claimed the advice was not binding.
Gilani said his government had acted "in the best interests of Pakistan and all the political forces in the country" and the move would "strengthen and stabilise the system in the country". Gilani also said the move had the "blessings" of president Zardari.
An official statement described Gilani's meeting with the chief justice as "part of the consultative process for appointments in the superior judiciary which has to be participatory and consensus oriented".
The statement said Gilani and the chief justice "reiterated that the rule of law forms the basis for the functioning of all the state organs".
Gilani said the government holds the judiciary in high esteem and would implement all decisions of the higher judiciary in letter and spirit.
Chaudhry said the judiciary will continue to play its role in upholding the rule of law and constitution to strengthen the democratic system.
