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Published 27 Mar, 2010 12:00am

FSC chief justice denies opposing president`s nomination

ISLAMABAD, March 26 Chief Justice of the Federal Shariat Court Agha Rafiq Ahmed Khan has denied having ever refused to administer oath to FSC judges appointed by President Asif Ali Zardari against his recommendations, saying declining to accept appointments made by president amounts to treason.

“I have never refused to administer oath because refusing to president's nominations amounts to treason,” the FSC chief justice observed while talking to reporters at the FSC building on Friday against the backdrop of reports that he had declined to administer oath to three judges Habibullah Shakir, Ismail Bhutto and Malik Mumtaz Mahfooz, appointed by the president.

It was later reported that one of the judges, Malik Mumtaz Mahfooz, declined to accept the offer. Both the presidency and the FSC have been quiet on the issue.

On Friday, the newly-appointed ulema judges -- Justice Shahzado Shaikh and Justice Mahmood Ahmed Ghazi -- were sworn in as FSC judges by Chief Justice Agha Rafiq.

On March 22, President Asif Ali Zardari had appointed four Ulema judges; two as ad hoc judges of the Shariat Appellate Bench of the Supreme Court, and two as FSC judges, on the recommendation of the Chief Justice of Supreme Court Justice Iftikhar Muhammad Chaudhry and on the advice of the Prime Minister under Article 203F (3) of the Constitution.

The procedure of administration of oath in the FSC was different from the one followed by other courts, the FSC chief justice said, adding that in the case of the FSC either the president himself administered the oath or nominated someone to do it on his behalf.

The Article 203-C (8) says that at any time when the chief justice or a judge is absent or is unable to perform functions of his office, the president shall appoint another person qualified for the purpose to act as the chief justice or as the case may be, a judge.

“I have never been authorised by the president to take oath of three nominees of the president as judges of the FSC,” chief justice Agha Rafiq said.

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