The Judicial Commission of Pakistan (JCP) is considering evolving a mechanism that would allow it to summon candidates, being considered for superior court judges, in its meetings.
Sources told The Express Tribune that the need for such a mechanism was felt during the last meeting of the commission held on December 2 when it was deliberating foreign financial interests and debt obligations of prominent lawyer Babar Sattar.
The JCP had approved the nomination of two prominent lawyers, Babar Sattar and Tariq Mehmood Jahangiri, for appointment as judges of the Islamabad High Court in its meeting held on Thursday.
The JCP members discussed whether a clarification should be sought from Sattar judge regarding his foreign business interests and liabilities.
Justice Qazi Faez Isa, who also attended the meeting as its member, suggested that a mechanism might be evolved to have candidates available for JCP meetings.
This would help to seek the commission to seek a prompt reply from them should a situation is arrived or any question is required to be asked.
According to the minutes of the meeting, JCP Chairman Chief Justice of Pakistan Justice Gulzar Ahmed appreciated Justice Isa’s suggestion.
The chief justice said that it was a good suggestion, adding “we need to structure this into a proper mechanism [so that] whole of the commission should have opportunity to see and question the candidate”.
An exercise was previously done while making the appointment of a judge in the Federal Shariat Court. “Justice Mushir Alam may design mechanism regarding this,” says the minutes of the JCP meeting.
It is learnt that the commission may summon candidates for the appointment of Lahore High Court additional judges for which 16 names have already been sent to the commission for consideration. The commission will take up the matter on January 12.
Senior lawyers appreciate Chief Justice of Pakistan Gulzar Ahmed for taking various steps aim at ensuring transparency in the appointment of judges.
There has been more openness in the JCP proceedings during the tenure of the incumbent chief justice.
Under the JCP rules 2010, the commission proceedings are conducted in-camera.
For the last one decade, representatives of the superior bars had been complaining that non-judicial JCP members had no opportunity to give an effective input on the nominee of judges in the meetings.
They even alleged that the JCP members, belonging to the judiciary, took all decisions unilaterally even before the commission’s meetings.
Due to this alleged practice, the commission’s proceedings have become meaningless.
Some non-judicial members – including the PBC representative, AGP and law minister – had even boycotted the JCP's meetings during the tenure of former Chief Justice Iftikhar Muhammad Chaudhry.
However, several members of the JCP have now confirmed that the incumbent JCP chairman has brought more openness to the commission’s meetings in which detailed discussions are taking place now.
Every member is being allowed to express his opinion freely on any issue. Even member judges are giving dissenting opinions on the nominees.
Lawyers are also appreciating detailed discussions on the credentials of the nominees. Superior bars representatives are also being consulted before referring the names to the JCP.
In April, the JCP had refused to entertain an unsigned report of intelligence agencies in the process of appointment/confirmation of superior court judges.
The commission had also resolved that it would not consider the agencies’ reports that lack supportive material to substantiate their findings.
The JCP is a constitutional body which has a key role in appointing judges to the superior courts. The forum also confirms services of the additional judges of high courts.
The five senior-most judges of the Supreme Court, including the chief justice of Pakistan, a retired SC judge, the Attorney General for Pakistan (AGP), the federal law minister and a representative of the Pakistan Bar Council (PBC) are permanent members of the commission.
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