Members of the Pakistan Tehreek-e-Insaf (PTI) and Sunni Ittehad Council have confirmed they will not participate in the parliamentary committee tasked with appointing the next Chief Justice of Pakistan, further delaying the judicial selection process.
The decision was conveyed after a meeting between members of the parliamentary subcommittee and representatives from the PTI-SIC, held in the speaker’s chamber on Tuesday.
Despite efforts by the committee, including National Assembly Speaker Sardar Ayaz Sadiq, to convince the PTI members to attend, Barrister Gohar Ali Khan confirmed that their political committee had decided to abstain from the proceedings.
"We have made our decision. We will not be part of this committee's meetings," Gohar Ali Khan stated, following discussions in Speaker Sadiq’s office.
Earlier in the day, the speaker met with members of the special parliamentary committee to discuss the ongoing deadlock. The committee had formed a four-member subcommittee to engage with the PTI, consisting of Ahsan Iqbal, Rana Ansar, Raja Pervez Ashraf, and Kamran Murtaza, in an attempt to bring them into the discussions. Despite these efforts, the boycott continues.
The boycott is seen as a significant development in the appointment process, as the parliamentary committee is responsible for selecting the next Chief Justice. The absence of key political stakeholders, particularly PTI, which has voiced dissatisfaction with recent judicial decisions, has further complicated the process.
In an earlier attempt to resolve the deadlock, Maulana Fazlur Rehman, leader of Jamiat Ulema-e-Islam, had reached out to PTI’s Asad Qaiser, requesting his party’s participation. However, Qaiser requested more time to consult with party leadership, leading to continued uncertainty over PTI’s involvement.
The absence of both PTI and Sunni Ittehad Council members has caused the committee to postpone its meeting, initially scheduled to discuss the three senior-most judges nominated for the role of Chief Justice: Justice Mansoor Ali Shah, Justice Munib Akhtar, and Justice Yahya Afridi.
Despite the setback, the committee remains determined to push forward with the judicial appointment process, but it faces mounting pressure to ensure inclusivity in its final decision.
The Supreme Court Registrar had earlier submitted three names for consideration by the committee. These include the most senior judge, Justice Mansoor Ali Shah, followed by Justice Munib Akhtar and Justice Yahya Afridi. The nominees represent the three most senior justices of the Supreme Court, and one of them will be selected to succeed the incumbent Chief Justice, Qazi Faez Isa.
The submission also included a brief one-page report providing a summary of the judges' backgrounds, including their dates of birth, educational qualifications, legal careers, and timelines for when they were appointed as high court chief justices and their elevation to the Supreme Court.
During the committee’s meeting, the Secretary of Law and Justice presented the profiles and qualifications of the nominated judges. However, the absence of PTI and Sunni Ittehad Council members led to a delay in proceedings, and the meeting was rescheduled for later that evening, at 8:30 pm.
The absence of PTI members from the meeting highlights the ongoing political tensions surrounding the appointment of the Chief Justice, a post that has become increasingly politicised in recent years. Sources suggest that PTI’s reluctance to participate may stem from its dissatisfaction with the current political setup, especially after several judicial decisions went against the party in recent months.
The committee’s deliberations are significant as they will determine the appointment of the next head of Pakistan's judiciary. Under the new system, the three senior-most judges are shortlisted for the position, and the committee is responsible for making the final selection. Once the committee reaches a decision, the selected judge's name will be forwarded to the Prime Minister, who will then send it to the President for formal appointment.
This new process, introduced through recent amendments to the Constitution, marks a departure from the traditional system where the senior-most judge would automatically assume the role of Chief Justice. The change is seen as part of a broader effort by the government to exert more influence over judicial appointments, which has raised concerns about the judiciary's independence.
Legal experts and political observers are closely watching the developments, as the appointment of the next Chief Justice is likely to have far-reaching implications for Pakistan’s judicial and political landscape. Many within the legal fraternity view the parliamentary committee’s involvement as a potential threat to judicial independence, while others see it as a necessary reform to ensure accountability.
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