JCP okays appointment of six additional judges to PHC

Names of three sessions judges, three lawyers were proposed by PHC CJ

ISLAMABAD:

The Judicial Commission of Pakistan (JCP) on Wednesday approved six names for the appointment as additional judges of Peshawar High Court (PHC).

A JCP meeting, chaired by Chief Justice of Pakistan Gulzar Ahmed, considered the elevation of three district & session judges – Fazal Subhan, Shahid Khan and Dr Khushid Iqbal – and three lawyers – Kamran Hayat Miankhel, Muhammad Ijaz Khan and Muhammad Faheem Wali.

The six were nominated by the chief justice of the Peshawar High Court (PHC). Sources told The Express Tribune that during the meeting Justice Qazi Faez Isa urged the JCP members to first evolve criteria regarding the appointment of superior court judges. He later abstained from the proceedings to consider the nominations.

Justice Maqbool Baqar and Justice Sardar Tariq Masood questioned the nominations of district & sessions judges as they were nominated against the seniority principle. It is learnt that three senior-most district & sessions judges of Khyber Pakhtunkhwa were ignored.

Justice Baqar and Justice Tariq Masood opposed the nominations of the lower judiciary judges and urged the JCP to defer the matter. However, the two bar representatives from the Pakistan Bar Council (PBC) and the K-P Bar Council – supported the nominations of the three sessions judges.

Senior lawyers have wondered about the dual policy of the bar as it advocates the seniority principle in matters related to the nomination of supreme court judges but at the same time, bar representatives did not adhere to the seniority policy for the nominations of district & sessions judges. They said that the bar representatives should have supported the view of Justice Baqar and Justice Masood in this regard.

It is also learnt that Attorney General for Pakistan Khalid Jawed Khan raised the matter regarding withdrawal of the nomination of K-P Advocate General Shumail Butt for the additional PHC judge. The lawyers wondered as to why the JCP dropped the name of the K-P AG and accommodated the additional AG Kamran Hayat Miankhel.

Meanwhile, the Pakistan Bar Council has issued a statement, saying that as per the decision of the joint meeting of the representatives of the bar councils and bar associations on January 3, the lawyers throughout the country were requested to observe a complete strike on Thursday (today) and do not appear in any court, as the mark of protest against the elevation of a junior judge of the Lahore High Court to the Supreme Court in violation of seniority principle and the Al-Jihad Trust case ruling.