Top court in need of judge with civil law expertise
This year, two SC judges – Justice Nisar and Justice Saeed – with command over civil law retired
Supreme Court of Pakistan. PHOTO: AFP
ISLAMABAD:
After the retirement of chief justice of Pakistan (CJP) Mian Saqib Nisar and another top court judge, Sheikh Azmat Saeed, this year, the top court has lost its experts on civil laws.
Despite reservations over their judgments in political cases, both the judges were considered as the best in terms of their command over civil laws and they adjudicated such issues in matters of minutes.
“Former CJP Saqib Nisar was the well-versed CJP I have known but unfortunately, he allowed himself to be distracted by suo motus. What a terrible loss,” said a senior lawyer.
After the retirement of the two judges, the legal experts feel that the SC needs a judge expert in civil matters. Currently, one position in the apex court is vacant. The appointment of a new SC judge will be a test for the CJP Asif Saeed Khosa, who proposes a name for the new judge under the law.
Since his appointment, Justice Khosa is focusing on improving the criminal justice system and he has taken several steps in this regard. CJP Khosa has been successful to clear backlog of criminal cases as now only a few hundred criminal cases are pending decision in the apex court. However, the backlog of civil cases is increasing day by day. Currently, more than 20,000 civil cases are pending in the top court.
The Pakistan Bar Council (PBC) executive committee on Friday passed a resolution urging the CJP that instead of elevating judge from any high court, he should appoint the new judge from the bar.
The PBC executive member Azam Tarar confirmed that a resolution was passed for appointing a lawyer as new SC judge. However, another lawyer said a good lawyer not always makes a fine judge. “It will create resentment among high courts judges if the new SC judge is picked from legal fraternity.
Superior bars have been questioning the efficiency of many judges, appointed through Judicial Commission of Pakistan (JCP) since 2010. A section of lawyers believes that criteria of judges’ elevation should include competence and reputation, and seniority should not be the primary factor.
They say elevation of Justice Muneeb Akhtar is a good decision as he is a ‘superb jurist and a first-rate choice’. The SC in its judgment in Faqir Khokhar case has already maintained that appointment of an SC judge is a fresh appointment and a junior judge can also be elevated.
Currently, seven SC judges belong to Punjab, six judges to Sindh and two judges to Khyber Pakhtunkhwa. Interestingly, only one SC judge, Qazi Faez Isa, hails from Balochistan.
Justice Isa, working as SC judge since 2014, is facing a reference. If he is removed over the charge of misconduct then there will be no chance for any judge from Balochistan to become the CJP in the next ten years.
After the retirement of chief justice of Pakistan (CJP) Mian Saqib Nisar and another top court judge, Sheikh Azmat Saeed, this year, the top court has lost its experts on civil laws.
Despite reservations over their judgments in political cases, both the judges were considered as the best in terms of their command over civil laws and they adjudicated such issues in matters of minutes.
“Former CJP Saqib Nisar was the well-versed CJP I have known but unfortunately, he allowed himself to be distracted by suo motus. What a terrible loss,” said a senior lawyer.
After the retirement of the two judges, the legal experts feel that the SC needs a judge expert in civil matters. Currently, one position in the apex court is vacant. The appointment of a new SC judge will be a test for the CJP Asif Saeed Khosa, who proposes a name for the new judge under the law.
Since his appointment, Justice Khosa is focusing on improving the criminal justice system and he has taken several steps in this regard. CJP Khosa has been successful to clear backlog of criminal cases as now only a few hundred criminal cases are pending decision in the apex court. However, the backlog of civil cases is increasing day by day. Currently, more than 20,000 civil cases are pending in the top court.
The Pakistan Bar Council (PBC) executive committee on Friday passed a resolution urging the CJP that instead of elevating judge from any high court, he should appoint the new judge from the bar.
The PBC executive member Azam Tarar confirmed that a resolution was passed for appointing a lawyer as new SC judge. However, another lawyer said a good lawyer not always makes a fine judge. “It will create resentment among high courts judges if the new SC judge is picked from legal fraternity.
Superior bars have been questioning the efficiency of many judges, appointed through Judicial Commission of Pakistan (JCP) since 2010. A section of lawyers believes that criteria of judges’ elevation should include competence and reputation, and seniority should not be the primary factor.
They say elevation of Justice Muneeb Akhtar is a good decision as he is a ‘superb jurist and a first-rate choice’. The SC in its judgment in Faqir Khokhar case has already maintained that appointment of an SC judge is a fresh appointment and a junior judge can also be elevated.
Currently, seven SC judges belong to Punjab, six judges to Sindh and two judges to Khyber Pakhtunkhwa. Interestingly, only one SC judge, Qazi Faez Isa, hails from Balochistan.
Justice Isa, working as SC judge since 2014, is facing a reference. If he is removed over the charge of misconduct then there will be no chance for any judge from Balochistan to become the CJP in the next ten years.