Chief Justice Gulzar Ahmed has summoned a meeting of Judicial Commission of Pakistan (JCP) on December 14 to consider the confirmation of two Islamabad High Court (IHC) additional judges – Justice Tariq Jahangiri and Justice Babar Sattar.
Sources revealed to The Express Tribune that IHC Chief Justice Athar Minallah had recommended the confirmation of both the judges.
The one year tenure of both the additional judges will end on December 30. However, senior lawyers wonder why there is delay in convening the JCP's meeting in this regard.
Normally, a period of 15 days is required to circulate the agenda of the meeting to the JCP members.
The lawyers, in general, have expressed satisfaction over the performance of both the additional judges, but, certain elements are seemingly against their confirmation.
Meanwhile, a JCP meeting will be held today (Tuesday) to consider the appointment of three new judges of the IHC. Chief Justice Minallah had nominated three advocates including a female lawyer for their appointment as additional judges of the IHC.
He had proposed the names of Saman Rafat Imtiaz, Arbab Muhammad Tahir and Barrister Sardar Ejaz Ishaq Khan.
It is learnt that Attorney General for Pakistan (AGP) Khalid Jawed Khan, who went abroad for domestic reasons, had already sent his written opinion about these nominees.
Sources revealed to The Express Tribune that AGP had given his consent on the appointment of three nominees as additional judges of the IHC.
Earlier, the IHC CJ had written a letter to the JCP wherein he explained why he had recommended these names.
“The IHC has been established under Article 175 of the Constitution. Section 3 of the Islamabad High Court Act, 2010 provides that the high court shall consist of a chief justice and nine other judges to be appointed from the provinces and other territories of Pakistan. At present four positions of judges are vacant,” the IHC CJ wrote.
“Keeping in view the intent of the legislature and the nature of litigation on generally dealt with by the high court, the representation of the provinces has been ensured since its inception. After the non-confirmation of the three additional judges, the provinces of Sindh and Balochistan have no representation on the benches,” the letter added.
The letter further stated that an extensive process of consultation was undertaken to find the most suitable candidates for filling the vacant positions.
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It said the fundamental consideration was to ensure that the proposed candidates possess the requisite credentials and repute expected from members of the bench. The candidates were short listed after extensive considerations with all the relevant stakeholders.
On these nominations, the IHC CJ said, the high court had identified two advocates from Sindh. However, one of them did not consent to his name being proposed for elevation to the IHC.
The nominee, Saman Rafat Imtiaz, has a strong academic background and enjoys a reputation for professionalism. Currently no female judge is working in the IHC.
Regarding the nomination of Arbab Muhammad Tahir, IHC CJ said the nominee had been practicing in Balochistan and had served as its advocate general for a considerable period.
The third nominee, Barrister Sardar Ejaz Ishaq Khan, had an established law practice In Islamabad. “He has been regularly appearing before the benches of this court and the judges are unanimous in their opinion regarding his competence, integrity and professional conduct,” the IHC CJ wrote.
“His professional expertise and experience relating to the fields of arbitration, commercial and corporate law, statutory regulatory authorities and taxation makes him the most suitable candidate to be considered for elevation as an additional judge of the Islamabad High Court.”
However, it has been learnt that a representative of the Islamabad Bar Council was of the opinion that although the competence and integrity of Khan was not disputed, he could not be considered since he was not an enrolled as an advocate of the bar.
"This reservation is misplaced because, firstly, most of the serving judges were affiliated with the local bars of Islamabad. Secondly, there is no bar on considering a deserving candidate enrolled by another bar council and lastly, the proposed candidate has an established practice in Islamabad. Moreover, he is on the rolls as an advocate of the Supreme Court of Pakistan,” read the letter by Justice Minallah.
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