Chief justice summons JCP meeting today

Five-member panel to consider amending judicial commission rules

ISLAMABAD: Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali has summoned a meeting of the Judicial Commission of Pakistan (JCP) on July18 to consider the appointment of nine superior court judges. The meeting will look at the possible appointment of five Peshawar High Court (PHC) judges and four Balochistan High Court (BHC) judges.

Sources have told The Express Tribune that Chief Justice PHC Mazhar Alam Miankhel has included the names of Ibrahim Khan, Ishtiaq Ibrahim, Sohail Akhtar, Muzammil Khan and Mian Hussain Ali for the appointment of new additional judges. It is learnt that Sohail Akhtar is the brother of an apex court’s judge.

The sources also revealed that BHC Chief Justice Muhammad Noor Meskanzai has also proposed the names of Abdullah Baloch, Zaheeruddin Kakar, Syed Anwar Aftab and Nazeer Ahmad Langove. He has suggested them for the appointment BHC’s additional judges. Interestingly, none of the nominees are practicing lawyers.

According to the Constitution’s Article 175-A – introduced through the 18th amendment – the JCP works under the chairmanship of the CJP. It also comprises the federal law minister, four senior-most judges, the attorney general of Pakistan, a retired judge and a representative of the Pakistan Bar Council (PBC).

The JCP sends its proposals regarding appointment and confirmation of superior court judges to the parliamentary committee on judges’ appointment. However, the committee has not held any meetings since last October as it is protesting against being turned into a ‘rubber stamp’ by the JCP.

Meanwhile, a five member committee headed by Justice Mian Saqib will consider the proposed amendments in Judicial Commission of Pakistan’s rules 2010 to break the gridlock. One of the members on the condition of anonymity told that the committee will hold a meeting soon as Justice Saqib is abroad.

The other members of the committee are Attorney General for Pakistan Aushtar Ausaf Ali, PBC’s representative Muhammad Yasin Azad, Punjab Bar Council representative Javed Hashmi and Justice (retired) Javed Iqbal.

In March 2013, PBC proposed amendments to the JCP rules, seeking the transfer of discretionary powers on appointment of superior court judges from the chairman to the commission. Seeking amendments in rules 2, 3, 6 and 8 of the JCP, PBC demanded that before initiating names for appointment of judges, the chief justice of respective high court should consult the representative of bar council.

The current procedure for appointing judges has attracted criticism in the last few years. The criticism has come from the superior bars, as well as parliamentarians, for the last five years.

Published in The Express Tribune, July 18^th, 2016.