IHC appointments: Judicial commission to consider Justice Minallah’s confirmation

The adjudicator was appointed as an additional judge in 2014

ISLAMABAD: A meeting of the Judicial Commission of Pakistan (JCP) has been summoned to consider the confirmation of Islamabad High Court (IHC) Additional Judge Athar Minallah.

Chief Justice of Pakistan Anwar Zaheer Jamali has summoned the meeting on May 18 to consider Justice Minallah’s position on the bench. Minallah was appointed as an additional judge on the IHC in June 2014 for one year. He was given a one year extension in 2015, which would end next month.

He has issued over 2,000 judgements in his tenure.

The IHC currently has seven judges, but sources revealed that two of them judges are being looked into by the Supreme Judicial Council over allegations of misconduct.



In the recent past, the appointment procedure for superior court judges has been criticised by lawyers and parliamentarians alike.

According to Article 175-A of the constitution, which was introduced through the 18th Amendment, a commission was formed under the chairmanship of the CJP which comprises the law minister, the four senior-most SC judges, the attorney general of Pakistan, a retired SC judge, and a representative of the Pakistan Bar Council.

In the case of the IHC, the chief justice of the high court, the senior most judge, and a representative of the Islamabad Bar Council would also be part of the commission.

The commission sends proposals regarding the appointment as well as confirmation of superior court judges to a parliamentary committee on judges’ appointments.

That committee, however, has not held any meetings to consider JCP proposals since October 2015, protesting that it was being forced to ‘rubber stamp’ decisions taken by the commission.

The Pakistan Bar Council (PBC) executive body, while passing a resolution, observed that the participation of the bar council in the appointment, confirmation, or non-confirmation of judges of the superior courts is scant.

PBC has urged that appropriate consultation with its representatives in all such matters is required and their opinion should be given weight.

The sources told The Express Tribune that the chief justice has conveyed that a special meeting of the commission will be held in the first week of June to consider proposed amendments in JCP Rules 2010.

On March 15, 2013, PBC submitted proposed amendments in the JCP rules seeking the transfer of powers regarding appointments of superior courts judges from the chairman to the commission.

Seeking amendments in rules 2, 3, 6 and 8 of the JCP, the PBC has demanded that the JCP secretary should be nominated by the commission. The rules were not amended due to the pendency of 18th Amendment case.

Though the top court gave a verdict in the case last year, the rules have still not been amended.

Published in The Express Tribune, May 15^th, 2016.