PBC urges CJP to summon JCP meeting

Seeks review of amendments in rules for improvement of judges’ appointment procedure

ISLAMABAD:

A Pakistan Bar Council (PBC) representative in the Judicial Commission of Pakistan (JCP) has urged Chief Justice of Pakistan Qazi Faez Isa to summon the meeting of the commission regarding the amendments in the commission's rules for the improvement of judges’ appointment procedure.

During the JCP meeting held on Feb 23 to consider the nomination of Balochistan High Court Chief Justice Naeem Akhtar Afghan for his elevation to the Supreme Court, Akhtar Hussain has urged CJP Isa to summon the commission meeting to consider the proposals given by the rule-making committee constituted to review the JCP Rules 2010.

It is learnt that CJP Isa has assured him that the meeting would be called soon for this purpose.

One member of the JCP expects that the JCP full-house meeting will be held before the retirement of Justice Sardar Tariq Masood next month.

Lawyers are wondering as why the JCP meeting is not being summoned to consider the committee's proposals to improve the procedure of judges’ appointment.

The rule-making committee constituted to review the JCP Rules 2010 held its last meeting on Dec 29, 2023, under the co-chairmanship of Justice Syed Mansoor Ali Shah and Justice (retd) Manzoor Ahmed Malik to finalise the draft rules of procedure for the commission in making appointments of the judges of the constitutional courts of the country, that comply with the collegial and inclusive decision-making process enshrined in Article 175-A of the Constitution.

The committee was supposed to send the proposed draft rules before Jan 15.

The draft rules covered the areas for amendments in the process for convening meetings of the commission and making decisions therein, initiation of nomination(s) in the Supreme Court, initiation of nomination(s) in the high courts, adequate representation of the district judiciary and the bar for elevation, criteria for selection for appointment of judges to the Supreme Court and the high courts, confirmation of additional judges in the high courts; and establishment of a secretariat of the commission, appointment of the secretary and other staff thereto.

The committee received suggestions and recommendations sent by women judges and lawyers as well.

It is learnt that the rules committee has suggested to abolish discretionary role of chief justice in the appointment as well as summoning the meeting of the commission.

Now, a committee comprising three members, including chief justice high court, senior puisne judge concerned, and a provincial bar council representative will initiate the names for new appointments in high courts.

Even every member of the JCP can also recommend any name for the new appointment during the meeting.

A performa has also been suggested for the appointment of SC judges.

Likewise, every nominee for the post of a judge will be bound to show his last five years of returns.

The time duration has also been set to fill vacancy of superior courts’ judges.