Sources privy to the development said all the representatives of the commission – including senior most judges, chief justices of high courts, federal and provincial law ministers as well as bar representatives – will participate in the special meeting.
Pakistan Bar Council (PBC) on March 15, 2013 proposed amendments in the JCP rules, seeking transfer of the JCP chairman’s power – to appoint superior court judges – to the commission. These proposed amendments were approved by the whole PBC body unanimously.
According to rules, the Supreme Court’s incumbent chief justice holds the position of JCP chairman.
Commenting on the development, the PBC’s former vice chairman Qulb-i- Hassan appreciated the incumbent chief justice for summoning a special meeting to consider lawyers’ proposals to amend JCP rules.
“Despite our several requests, former chief justices Iftikhar Muhammad Chaudhry and Tassaduq Hussain Jillani had not taken up the matter related to reviewing the commission’s rules,” he added.
Another former PBC office-bearer Akhtar Hussain said lawyers were not satisfied with the appointment of judges by the commission in the last four years and they wanted the names of judges to be initiated by every member of the commission.
“The lawyers boycotted the oath-taking ceremony of Lahore High Court (LHC) as well as Peshawar High Court (PHC) additional judges,” he added.
The superior bars had expressed reservations over the powers of the JCP chairman and proposed amendments in rules 2, 3, 6 and 8 of the JCP, which are related to the appointment of judges.
In their proposals, lawyers have also demanded that the JCP secretary should be nominated by the commission. At present, the JCP chairman (CJP) appoints the secretary of the commission and at present the Supreme Court registrar Dr Faqir Hussain holds the post.
Lawyers have also recommended that the JCP’s committee on any matter should not be constituted by the chairman alone, but by the entire commission.
Regarding relaxation of rules, the apex body of lawyers unanimously suggested that the whole commission and not just the chairman should have the authority to relax strict application of the rules in public interest.
The PBC has also recommended that before initiating and sending proposed names of the judges to the commission, the superior bars’ representatives in the JCP should be consulted and this consultation should be meaningful.
Passing a resolution, Supreme Court Bar Association (SCBA) had also expressed its serious concern over the appointment of judges in the superior courts. The SCBA at its 16th annual general meeting on October 28 resolved that the constitutional amendment in Article 175-A on the appointment of superior court judges should be reviewed.
Published in The Express Tribune, November 19th, 2014.
COMMENTS
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ