PBC urges CJ to uphold seniority rule

Ahead of a Judicial Commission of Pakistan (JCP) meeting that is going to discuss nominations for the position of the Lahore High Court (LHC) chief justice today (Monday), some members of the legal fraternity have urged the JCP chief—Chief Justice of Pakistan Qazi Faez Isa—to uphold seniority principle.

Twenty-five members of the Punjab Bar Council (PBC) have written a letter to CJ Isa conveying their strong concern about possible elevation of a junior judge as the next LHC chief justice.

According to a report published in The Express Tribune on June 9, the JCP in its last meeting deliberated on the elevation of Justice Aalia Neelum—the third senior most judge in the LHC— as the next chief justice of the provincial high court.

Two JCP members had confirmed to The Express Tribune that the JCP unanimously agreed that the two senior-most judges of the LHC—Justice Shujaat Ali Khan and Justice Ali Baqar Najafi—should not be considered for elevation as the high court’s CJ due to certain reasons.

They said the commission informally decided to appoint Justice Aalia Neelum as the next LHC CJ.

Although it is not a constitutional requirement to appoint the senior puisne judge of a high court as the next chief justice, all senior puisne judges have been appointed as the CJs since the change of procedure in the appointment of superior court judges through the 18th Constitution Amendment in 2010.

The PBC members noted that disregarding the seniority principle might lead to erosion of public trust and confidence in the judiciary.

It said lawyers’ organizations have the responsibility to speak out and advocate for a fair and transparent process for elevation and appointment of judges.

The letter said if fairness and transparency is compromised in the appointment of the LHC chief justice then it will have far-reaching implications like loss of public trust, biased decision making, judicial chaos, political meddling and constitutional crises.

“By prioritizing fairness and transparency in the appointment process, these complications can be avoided. Ensuring a strong independent and credible judiciary [will help in] upholding the rule of law and delivery of justice for all.

The letter reminded Justice Isa that he used to advocate the principle of seniority in the appointment of chief justice as well as the judges of the supreme court to maintain the integrity and legitimacy of the judiciary.

“Bypassing the seniority can be seen as unfair and a glance of the favouritism, potentially undermining the public trust in the judicial system.

“We believe in and expect in the larger interest of the country that your lordship will stick to his stance regarding the principle of seniority.

“By following the precedent of the principle of seniority, the appointment process can be made more transparent, fair and predictable, ensuring that the most experienced, qualified and senior judge is appointed to lead the court,” it added.