CJ names acting SHC CJ Khan for SC slot

ISLAMABAD:

Chief Justice of Pakistan Qazi Faez Isa has proposed the name of acting Sindh High Court Chief Justice Irfan Sadaat Khan for his appointment as a Supreme Court judge.

SHC’s Justice Aqeel Abbasi will be the new chief justice of the high court.

CJP Isa, who is also the chairman of the Judicial Commission of Pakistan (JCP), has called a meeting of the body on October 20 for this purpose.

The JCP is responsible for the appointment of superior court judges.

“According to Article 177(2) of the Constitution, the qualifications prescribed for appointment of judges of the Supreme Court are: (a) A person shall not be appointed a judge of the Supreme Court unless he is a citizen of Pakistan and has for a period of, or for periods aggregating, not less than five years been a judge of a high court (including a high court which existed in Pakistan at any time before the commencing day) or (b) or has for a period of, or for periods aggregating, not less than fifteen years been an advocate of a high court (including a high court which existed in Pakistan at any time before the commencing day),” read a statement issued by the JCP secretary.

“In view of the current pendency of cases together with [the] rising institution of new cases, the vacancy in the Supreme Court should be filled,” it added.

The statement noted that Justice Khan met the stipulated requirements for his appointment as a judge of the SC.

“[Justice Khan] is knowledgeable, well experienced, versatile with an upright character and in my opinion deserving of being appointed as [a] judge of the Supreme Court. He is also the most senior judge amongst the chief justices and judges of all the high courts,” it continued.

The statement further read that a meeting of the JCP would be “convened on Friday, 20 October 2023 at 3 pm in the Conference Room of [the] Supreme Court of Pakistan, Islamabad”.

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The JCP secretary also wrote that CJP Isa wanted that suggestions for determining the criteria for the appointment of high court judges should also be discussed in the meeting.

The official asked the members of the body to attend the meeting on October 20.

Justice Khan is being ignored for his elevation to the SC for the last six years.

Similarly, Justice Abbasi’s elevation is also being ignored for the same period. Currently, there are two seats of judges vacant in the apex court.

In 2021, the Pakistan Bar Council, Supreme Court Bar Association and other lawyers’ bodies of the country had expressed their reservations over the elevation of SHC’s Justice Muhammad Ali Mazhar to the SC as he was fifth on the seniority list with the then high court’s CJ Ahmed Ali M Shaikh, then senior puisne judge Justice Irfan Saadat Khan, Justice Aqeel Abbasi and Justice Syed Hassan Azhar Rizvi ranking above him.