Judges appointment: Committee formed to amend SJC rules

Justice Asif Saeed Khosa to head the five-member panel


Hasnaat Malik November 07, 2017
Last week, the Judicial Commission of Pakistan approved the elevation of eight judges for the Lahore High Court. PHOTO: FILE

ISLAMABAD: The Judicial Commission of Pakistan (JCP) has formed a five-member committee to amend the rules for appointing judges to the superior courts with a view to making them more effective.

The decision was taken during a commission’s meeting on Monday held under the chairmanship of Chief Justice of Pakistan Mian Saqib Nisar.

The meeting also considered the confirmation of five additional judges of the Sindh High Court (SHC) as well as one additional judge of the Peshawar High Court (PHC).

The other highlight of the meeting was the presence of Sindh Bar Council representative Noor Naz Agha who became the first female member of the commission.

Sources told The Express Tribune that the JCP had recommended confirming five SHC judges – Justice Fahim Ahmed Siddiqui, Justice Khadim Hussain Tunio, Justice Omar Sial, Justice Yousuf Ali Sayeed and Justice Adnan ul Karim Memon. It also confirmed the service tenure of PHC judge Justice Ayub Khan.

The five-member committee to consider amendments to the Commission Rules 2010 will be led by Justice Asif Saeed Khosa.

Yasin Azad, former member of the JCP, told The Express Tribune that during his tenure, a committee led by the incumbent chief justice was formed for the same purpose but it could not finalise recommendations for amending the rules.

Supreme Judicial Council looks into LHC judge’s misconduct

The Pakistan Bar Council (PBC) also submitted amendments to the rules, especially about ending discretionary powers of chief justices in the nomination of judges.

The superior bars have been demanding that there should be meaningful consultation with lawyers’ representatives before initiation of names of judges by the judiciary.

However, the meeting could not take up the issue of extension in the tenure of additional judges of the Lahore High Court (LHC).

Meanwhile, the chief justice of Pakistan has formed a larger bench to hear Islamabad High Court (IHC) judge Justice Shaukat Aziz Siddiqui’s petition, seeking open trial before the SJC.

The larger bench headed by Justice Gulzar Ahmad will also take up the IHC judge’s plea to grant stay in the SJC’s proceedings against him till a final decision over his plea for open trial.

Parliamentary panel rejects JCP recommendations

Last week, a two-member bench of the Supreme Court, comprising Justice Azmat Saeed Sheikh and Justice Qazi Faez Isa, referred the matter to the CJP to consider forming a larger bench for hearing the IHC judge’s petition.

On May 18, the SJC had dismissed his plea seeking an open trial. The council is scheduled to resume hearing of the misconduct case today (Tuesday), wherein it would record evidence against the IHC judge.

It is learnt that the larger bench has been constituted in the evening while senior counsel Makhdoom Ali Khan is in Karachi. Therefore, it would be difficult for the counsel to appear on Tuesday to argue the case on behalf of the petitioner.

The IHC judge requested the Supreme Court to declare that the SJC’s May 18 order “null and void for being passed without lawful authority”.

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