Thread by @umar7181

Why BB appointed Justice Sajjad Ali Shah as CJP despite he being junior to three Judges of SC?

Thread:

In April 1994 CJP Nasim Hasan retired. Justice Saad Jan being the senior-most of the SC was an obvious choice for CJP. Instead, Jan made the acting CJP from 14th April till the end of May 1994.

Than PPP Govt wanted Justice Jan to approve Govt's 4 recommendations...

..as SC judges -- two advocates & two retired judges of LHC.

One of the advocates was a senior member of the PPP while the other was a former colleague of PPP leader Leghari & a close friend.

Justice Jan write a note on 2nd June 1994 and opined that he did not regard..

..the 2 advocates as fit for direct appointment to the SC & such appointments should be open only to those advocates who are acclaimed internationally as outstanding jurists.

On 2 retired LHC judges, Jan wrote that there was nothing outstanding about them or their records..

..he did not favor the appointment of retired judges of HCs to SC & instead recommended the names of the CJ & 2 senior judges of LHC for the appointment of the SC.

This note proved to be the proverbial straw that broke the camel's back.

On 5th June 1994, Justice Jan..

..was shocked to learn that he had been passed over for appointment as CJP & instead Sajjad Ali Shah, who was junior to him & to two other colleagues, was appointed the Chief Justice of Pak.

Another factor behind the appointment of Sajjad Ali Shah was Sajjad's 2 dissenting..

..judgments which were apparently in favor of the PPP.

First, in Ahmad Tariq Rahim's case, in which Sajjad was one of 2 dissenting judges. He held that Ishaq's order to dismiss PPP govt was invalid & the dissolution of NA was to get rid of the PPP govt.

2nd, in Nawaz Sharif's..

..the case where his govt was dismissed by Ishaq & it was challenged in SC. Sajjad was the lone dissenter out of 11 judges.

He upheld the order as valid & expressed disapproval with the way in which CJ Nasim had announced, at the beginning of the proceedings.

Sajjad also..

..made a pungent remark at the end of his judgment that when 2 PMs from Sindh were removed, under the discretionary powers of the President, the SC didn't restore them; but when it was the turn of PM from Punjab, the tables were turned.

wrote*

In her 2nd tenure, BB filled higher courts & SC with PPP loyalists as judges. (Will do another thread on it)

However, the irony is BB's handpicked President & CJP couldn't save her 2nd govt.

Leghari dismissed her 2nd govt & Sajjad rejected her plea when it was challenged in SC.