The Judicial Commission of Pakistan (JCP) on Friday approved the nomination of Lahore High Court (LHC) Chief Justice Malik Shahzad Ahmad Khan as a judge of the Supreme Court.
The move comes despite concerns from executive authorities regarding Chief Justice Khan's handling of appointments in the Anti-Terrorism Courts (ATCs), election tribunal nominations, and case allocations. Even representatives from the bar have expressed dissatisfaction with his tenure at the LHC.
Chief Justice of Pakistan Qazi Faez Isa had put forward the names of six senior LHC judges for two available Supreme Court seats and three senior Sindh High Court (SHC) judges for one position.
The JCP meeting on Friday to deliberate on these nominations saw a split in opinion. Supporting Chief Justice Khan’s elevation were CJP Isa, Justice Aminuddin Khan, Attorney General for Pakistan Mansoor Awan, Law Minister Azam Nazeer Tarar, and Pakistan Bar Council representative Akhtar Hussain.
Read more: Not ‘B-team’ of any agency, asserts LHC CJ
The opposition, consisting of Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, and retired judge Manzoor Ahmad Malik, suggested the nominations of Justice Alia Neelum and Justice Shahid Bilal instead.
Justice Malik emphasised the necessity for a robust administrative head in Punjab's judiciary, while AGP Awan highlighted the critical need for judges adept in handling criminal cases, citing a 26 per cent pendency in Supreme Court cases related to criminal law. He underscored Chief Justice Khan’s track record, noting his decision in 59 murder references compared to three by another LHC judge. The law minister supported this viewpoint.
Ultimately, the JCP approved Chief Justice Khan’s nomination by a majority vote, while the elevation of SHC Chief Justice Aqeel Abbasi to the Supreme Court was approved unanimously.
Justice Abbasi’s elevation is particularly notable as he has been overlooked since 2018, with three junior judges already promoted ahead of him. Interestingly, Justice Munib Akhtar, previously junior to Justice Shaikh, endorsed his nomination.
Additionally, Justice Shahid Bilal’s nomination was also approved unanimously, marking another step in the ongoing judicial appointments.
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