JCP meeting for 13 LHC extra judges put off

LHC CJ asks top judge to defer the huddle as he was unwell and couldn’t examine papers

ISLAMABAD:

The Judicial Commission of Pakistan (JCP) on Wednesday deferred the matter of the confirmation of the permanent status of 13 additional judges of the Lahore High Court.

The meeting took place under the chairmanship of Chief Justice of Pakistan Umar Ata Bandial.

Sources said Lahore High Court Chief Justice Muhammad Ameer Bhatti told the other participants of the meeting that he was not feeling well and so it would be impossible for him to examine the records of the judges.

He requested the CJP to adjourn the meeting, to which the top judge obliged.

The 13 judges, whose fate hangs in the balance, are Justice Sohail Nasir, Justice Shakeel Ahmed, Justice Safdar Saleem, Justice Nadeem Arshad, Justice Tariq Nadeem, Justice Amjad Rafiq, Justice Abid Hussain Chatha, Justice Anwar Hussain, Justice Ali Zia Bajwa, Justice Sultan Tanveer Ahmed, Justice Muhammad Raza Qureshi, Justice Shaun Gul and Justice Raheel Kamran.

In March this year, 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 amend 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 a 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 judge questioned Rule 3 of the Judicial Commission of Pakistan Rules, 2010. The rule laying 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 judiciarer.