CJP Bandial floats LHC Justice Waheed’s name for top court slot

Judicial Commission of Pakistan to meet on June 30 to consider LHC judge's elevation to the Supreme Court

ISLAMABAD:

Chief Justice of Pakistan (CJP) Umar Ata Bandial has recommended Lahore High Court (LHC) judge Justice Shahid Waheed for his appointment as an apex court judge.

Justice Shahid Waheed is the fourth most senior judge of the LHC.

Sources confirmed to The Express Tribune that the Judicial Commission of Pakistan (JCP) will meet on June 30 to consider his elevation to the SC, becoming the second judge from the high court to ascend to the top court.

Around six judges have been already elevated to the Supreme Court without consideration of the principle of seniority for the last five years amid the buzz in the legal fraternity around the matter.

Currently, three seats are vacant in the Supreme Court but the CJP has nominated only one judge for the appointment.

Meanwhile, it is still not clear whether Justice Qazi Faez Isa will attend the JCP meetings or not next week as he is currently abroad.

Also read: No female nominee for SHC, LHC judges

After being appointed, LHC’s Justice Shahid Waheed will be 15th on the SC judges’ seniority list.

Most importantly, Justice Waheed will become chief justice of Pakistan after the retirement of Justice Ayesha Malik in June 2031.

Interestingly, the appointments of SC judges are being delayed as the first seat of SC judge became vacant after the retirement of ex-CJP Gulzar Ahmed in February.

However, there is a sharp split among the JCP members regarding nominations of SC judges. While one section within the committee endorses the seniority principle until objective criteria on the matter are evolved, the opposing camp – led by CJP Bandial – holds that appointments should be based on the merit of competency, efficiency, integrity and temperament.

Also read: Justice Ayesha Malik notified as first female judge of Supreme Court

However, in the wake of regime change, the situation has changed in the committee. The Incumbent law minister and AGP are said to be close to the superior bars which are consistently opposing the elevation of junior judges to the SC.

Meanwhile, a senior bar representative revealed that the government is facing pressure to support nominations for SC judges' appointments, suggesting that the nomination of Justice Shahid Waheed came after informal consultation with the majority of JCP members.

Recently, retired judge Justice Maqbool Baqar in his speech had said that elevating junior judges to the Supreme Court “disenchants senior judges of the high courts”, who may feel slighted, thus, affecting their performance.

"More importantly, however, the absence of objective criteria for judicial elevations may pave the way for loyalists to be rewarded at the altar of fairness and objectivity,” he added.