Delay in judges’ appointment causing anxiety: SCBA

The Supreme Court Bar Association (SCBA) has expressed serious concern over delay in appointment of judges to the superior courts – particularly to the Lahore High Court (LHC) – and said this delay is a "major hurdle” in provision of justice to the general public.

The 3rd meeting of the SCBA 23rd Executive Committee – held on January 14 in Islamabad – discussed the delay in appointment of judges and expressed grave concern over it, said a statement issued by the SCBA on Monday.

“The house in contemplation of the fact that matter of much needed appointments of judges in superior courts and higher judiciary is under consideration before the Judicial Commission of Pakistan (JCP) since long whereas more than 20 posts are lying vacant alone in Punjab.

“In this regard, recommendations made by the LHC chief justice were placed before the JCP several times but [these recommendations] have not been considered on anonymous grounds,” the statement issued by lawyers’ apex body said.

Controversy regarding appointment of LHC judges deepened on January 12 when the LHC Chief Justice Qasim Muhammad Khan withdrew all the names he had proposed to the JCP for appointment as additional judges.

During the past two years, no judge has been appointed to the LHC despite the fact that 20 out of 60 judicial positions at the country’s biggest high court are lying vacant. The last time, a group of six judges was appointed to the high court in October 2018.

Earlier, the Pakistan Bar Council (PBC) had strongly endorsed the list of nominees presented by the LHC chief justice and stated that the nominations were made after consultation with bar representatives.

In its Monday statement, the SCBA said this delay is not only resulting in increasing pendency of cases and suffering of the litigants but is also causing anxiety in the legal fraternity.

The lawyers’ body – while urging the JCP to fulfill its foremost obligation – noted that it is the need of hour that all the differences are set aside and judges are appointed without any further delay.

“The house suggested that the amendment in Article 175-(A) of the Constitution is now inevitable so as to avoid any impediment and complication in appointment of judges to the superior courts and to make the entire process more fair and transparent,” it said.

The SCBA also laid stress on filling the vacant judicial positions on merit – in a fair and equal manner – and urged that candidates should also be appointed from backward areas like south Punjab.

“The house in the end resolved to continue its earnest efforts for figuring out the loopholes prevailing in our judicial system and gratification of the same as and when needed,” it said.

The JCP is a constitutional body responsible for appointing judges to the Supreme Court and the provincial high courts in Pakistan. The chief justice of Pakistan is also the JCP chairman.