JCP to meet for 13 additional LHC judges

The chief justice of Pakistan on Tuesday convened a meeting of the Judicial Commission of Pakistan (JCP) on April 19 for the appointment of 13 additional judges to the Lahore High Court.

These judges include Sohail Nasir, Shakeel Ahmed, Safdar Saleem, Nadeem Arshad, Tariq Nadeem, Amjad Rafique, Abid Hussain Chatha, Anwar Hussain, Ali Zia Bajwa, Sultan Tanveer Ahmed, and Muhammad Raza Qureshi.

The JCP will also consider retaining Justice Shaan Gul and Justice Raheel Kamran as LHC additional judges.

Last month, the JCP rules committee had issued recommendations to the commission for streamlining and evolving the criteria for appointing superior court judges.

The proposals came after a JCP panel held a meeting earlier that month to consider amending the JCP Rules of 2010 that bestowed on the chief justice unfettered powers to appoint judges. The Pakistan Bar Council (PBC) had expressed reservations over the appointment of judges in the superior courts.

The PBC had proposed the addition of a new clause in the JCP Rules 2010 for ensuring ‘meaningful consultation’ with the representatives of bars concerned.

In January this year, Justice Qazi Faez Isa, who is member of the JCP, had written a two-page letter to all members urging them to set criteria for the appointment of SC judges.

The justice questioned Rule 3 of the Judicial Commission of Pakistan Rules, 2010. The rule lays down the process for judicial nominations makes no mention of the words ‘senior-most' judge’ for the appointment and grants discretionary power to the CJP to initiate the name of high court judge for appointment to the SC and high courts.

In his letter, Justice Isa had referred to Article 175-A of the Constitution which does not permit the CJP to exercise 'unfettered discretionary power' to nominate high court judges for the apex court.

During the JCP meeting held on January 5 on the appointment of six additional judges of the Peshawar High Court -- the minutes of which are available with The Express Tribune --, Justice Isa had also suggested that the meetings of the commission should be open to everyone instead of in-camera ones —as is currently the practice — to ensure transparency in the appointment of the superior judiciary.

"It will be even better for transparency of the proceedings that the meeting of the commission should be open for everyone. The benefit of this would be that speculations would come to an end,” Justice Isa had observed during the JCP meeting. The judge had further said this was important because on several occasions he had noted that the minutes of the meetings were not accurately recorded.

The JCP is responsible for the appointment of judges to the Supreme Court and five high courts of the country. The CJP also heads the commission as its chairman.

The body also comprises four senior-most judges of the Supreme Court, a former judge, the federal law minister, the attorney general for Pakistan and a senior advocate nominated by the Pakistan Bar Council.

The provincial and Islamabad bar councils each nominate a representative as a JCP member.