In a move that gave an ugly twist to the ongoing confrontation between the government and the superior judiciary, President Asif Ali Zardari has rejected the recommendations of Chief Justice Iftikhar Chaudhry and appointed Justice Saqib Nisar as acting Chief Justice of the Lahore High Court in place of Justice Khawaja Sharif, who has been elevated to the Supreme Court.

Both appointments are contrary to the recommendations of Chief Justice Chaudhry, who wanted to retain Khawaja as Chief Justice of LHC and elevate the next senior-most LHC judge - Justice Nisar - to the Supreme Court. The entire episode took another turn when Justice Sharif and Justice Nisar declined to accept the nominations until the Chief Justice approved these. Constitutional experts say the President cannot make appointments in the superior courts without the Chief Justice of Pakistan’s recommendation. “This is clear violation of the Constitution and gives rise to a constitutional crisis pitting the Presidency against the superior judiciary,” Justice Wajihuddin, a retired Supreme Court judge, said expressing apprehension that the Presidency has thrown the country into a new constitutional crisis. He noted that the government had already not implemented an earlier verdict of the court annulling the infamous National Reconciliation Ordinance (NRO).

The government maintains that it has followed the principle of seniority in making these appointments. Jurists say the President can only return the recommendations of the Chief Justice for review and also assign reasons for that but the final word rests with the Chief Justice. The law ministry also returned a summary forwarded by Justice Sharif for appointment of 28 new judges in LHC and called for a review. The new appointments are at the heart of this judicial crisis and the government is being accused of seeking to appoint its own judges in the court.

The delay in the acceptance of recommendations of CJ Iftikhar Chaudhry and Justice Sharif has already been challenged in the Supreme Court that was being heard by a division bench of two judges headed by Justice Shakirullah Jan. The bench has recommended constitution of a larger bench. The Chief Saturday enlarged the bench to five judges. Another report said the CJ has taken suo moto notice of the presidential appointments and might issue a restraining order within the next 24 hours.

Meanwhile, in an unusual move, the five-judge larger bench under Justice Shakirullah Jan Saturday evening began hearing of the latest developments on the appointments of judges. Justice Nisar also drove to the residence of Justice Sharif to seek his guidance on the new developments.

Zardari is also reported to have summoned a top-level meeting on Sunday morning to discuss the situation.

Islamabad, February 13
Pakistan has said it is "free to raise any issue", including Kashmir, differences over sharing of river waters and India's alleged interference in Balochistan, during the Foreign Secretary-level talks in New Delhi on February 25.

India has not imposed any pre-condition for resuming dialogue, Foreign Office spokesman Abdul Basit told the state-run PTV.

On the Kashmir problem, he claimed that "Indian insincerity" was the sole reason for the failure to resolve the "core" issue.

He claimed that India has taken no step to resolve this issue and it would have been settled by now if the composite dialogue, stalled since the 2008 Mumbai attacks, had continued.

Kashmiris, he said, must be granted the "right to self- determination" so that they can lead a prosperous and peaceful life.

Pakistan also has serious concerns on Indian activities in Afghanistan, he said, adding, India has reportedly invested over a billion dollars for building a dam on the Kabul river for apparently impeding water flow to the Indus river. Basit said Islamabad is striving to ensure that the next round of the composite dialogue with New Delhi would be irreversible as abrupt severing of negotiations only benefits forces inimical to both countries.

A long-term, sustained and meaningful composite dialogue process with India is the need of the hour as it is the only way to eliminate poverty, illiteracy and unemployment in South Asia, Basit said.

The spokesman's comments came after the Pakistan government accepted India's offer for Foreign Secretary-level talks and decided to send Foreign Secretary Salman Bashir to New Delhi for the parleys with his counterpart Nirupama Rao on February 25.

A statement issued by the Prime Minister's House said Pakistan would raise all "core issues" during the talks and "impress upon India the need for their expeditious resolution through resumption of the composite dialogue".

Pakistan has also made it clear the upcoming engagement should lead to the full-fledged resumption of the composite dialogue. — PTI

Melbourne, February 13
A 22-year-old Indian youth, arrested for allegedly murdering two compatriots after a dispute over money in the Australian city of Perth, was produced in a court today and remanded in custody.

The suspect, accused of attacking the two Indian brothers --- Navdeep Singh (22) and Kanwaljit Singh (20) --- at a rented Crimea Street unit in Morley area yesterday, did not apply for the bail when he appeared in the East Perth Magistrates Court, ABC reported.

He has been remanded in custody and will face court again later this month, it said. Police said all the Indians involved in the incident were in Australia on student visas. They had an argument over money and living arrangements.

The suspect, charged with two counts of murder, was taken to the Western Australia Police detectives headquarters in Beaufort Street, Perth, where he was interviewed by Major Crime Squad detectives last night. He was not identified.

Detective Inspector David Bryson, from the Major Crime Squad, said one of the victims, the older brother, staggered to the nearby St John Ambulance depot seeking medical help after being attacked and also alerted paramedics to his injured sibling. “Police responded and found a deceased male (his younger brother) on the roadway,” he said.

“The person who initially went to St John’s (ambulance depot) was transferred to Royal Perth Hospital. He subsequently died,” Bryson was quoted as saying by local media. — PTI

Seoul, February 13
A top North Korean nuclear envoy wants to visit the United States for rare talks next month, news reports said today, amid a push by diplomats to revive negotiations on ending Pyongyang’s nuclear programme.

Officials in Washington said no such trip was planned.

North Korea is strongly pushing for Kim Kye Gwan’s trip to the United States in March, but the US has not authorised a visa for him, South Korea's Dong-a Ilbo newspaper reported, citing unidentified diplomatic sources.

Kim told his Chinese counterpart during this week's meetings in Beijing he hopes to hold a bilateral meeting with the US in March, Seoul’s JoongAng Ilbo newspaper reported, also citing unnamed diplomats.

However, State Department spokesman P J Crowley told reporters yesterday there were no plans for a visit by Kim, and no current US discussions with North Korea about such a trip. A bilateral meeting between the North Korean envoy and US officials would be a strong sign that the push to get the disarmament talks back on track was gaining traction. It would also confirm a warming in relations between the US and North Korea, wartime rivals that do not have diplomatic relations.

UN political chief B Lynn Pascoe said after concluding a four-day trip to North Korea yesterday he was unaware of plans for Kim to travel to the United States.

North Korea, believed to have enough weaponised plutonium for at least half a dozen atomic bombs, walked away from disarmament-for-aid negotiations last year during a standoff over its nuclear and missile programmes. — AP

Colombo, February 13
Claiming that no person was "above law", Sri Lankan President Mahinda Rajapaksa has assured the country's Opposition that there was no reason for concern over the fate of former army chief Sarath Fonseka, saying that due process of law would be followed in his arrest.

"The rule of law must prevail and if the allegations against him are not established, he will be free," President Rajapaksa has told Opposition leader and former Prime Minister Ranil Wickremasinghe.

Rajapaksa said there was no reason for any concern over Gen (retd) Sarath Fonseka who is in detention, a Presidential secretariat statement said, adding the investigations were underway and due process would be followed.

Rajapaksa's comments come as the country's apex court has admitted for hearing a petition challenging the detention of the defeated presidential candidate. The court has fixed February 23 as the date for hearings.

Wickremasinghe had called on the President yesterday to express concern over the detention of Gen Fonseka, who the opposition is alleging is being framed for contesting the presidential polls.

"The President categorically stated that no one was above law and that General Fonseka's candidacy at the last presidential elections has no relevance to the current investigations," the statement said. — PTI

BRIEFLY

Children dance and throw powder as they parade as ‘Fancy Sailors’ during the Traditional Carnival Characters Festival in Port of Spain. — Reuters

Indian sculptors make a mark
LONDON: An untitled work by Indian-origin sculptor Anish Kapoor sold for more than double the pre-sale estimates, while a monumental copper installation by contemporary artist Subodh Gupta fetched £229,250 at a Sotheby's auction here. The gourds, acrylic and pigment work by Kapoor, whose giant sculptures adorn squares from Chicago to Nottingham, had a hammer price of £70,850 with buyer's premium. — PTI

Woman attacked by shark
SYDNEY: An Australian woman suffered massive blood loss and was airlifted to hospital on Saturday after being savaged by a shark off an island on the Great Barrier Reef, officials said. The 60-year-old was dragged under the water by the shark near Dent Island on the popular Whitsundays, the Queensland helicopter rescue service said. — AFP

Fingerprinting for drinkers!
LONDON: A liquor outlet in Britain has come up with a unique way to combat underage drinking -- it has installed an electronic "fingerprinting" gadget. Shoppers who prove they are 18 by showing their passport or driving licence will have their fingerprint stored on the machine. After that they need only press their thumb on the gadget, which responds with a “thank you” if it has been recognised, the ‘Daily Express’ reported. — PTI