PPP gets its way on SHC constitutional benches
The Pakistan People's Party (PPP) has succeeded in nominating judges of its own choice to the constitutional benches of the Sindh High Court.
The third meeting of the Judicial Commission of Pakistan (JCP), under the chairmanship of Chief Justice Yahya Afridi, was held on Monday to consider the nomination of judges for constitutional benches.
The JCP, by a majority of 11 to four, has nominated SHC Judge KK Agha as head of the constitutional benches for the next two months. The commission, again by a majority, has also approved the nomination of Justices Salim Jessar, Omar Sial, Yousaf Ali Sayeed, Abdul Mobeen Lakho, and Zulfiqar Ali Sangi, Sana Akram Minhas, Khadim Hussain Soomro and Arbab Ali Hakro for constitutional benches.
Interestingly, eight senior SHC judges have been ignored in the nomination for constitutional benches. Justice KK Agha is number 9 on the SHC judges' seniority list.
It is to be noted that constitutional benches will be formed in SHC only. The other three provinces did not pass a resolution to endorse constitutional benches.
Likewise, parliament did not pass a resolution to form constitutional benches at the Islamabad High Court.
It has been learned that CJP Afridi, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, and SHC Chief Justice Shafi Siddiqui dissented from the majority opinion during the meeting.
They believed that SHC judges should be nominated for the constitutional benches. Interestingly, Justices Aminuddin Khan and Jamal Khan Mandokhail did not support other judicial members' opinions regarding the nomination of all SHC judges for constitutional benches.
Two PTI lawmakers, namely Shibli Faraz and Umar Ayub, who are JCP members, did not attend the meeting.
Both superior bar representatives – the Pakistan Bar Council and Sindh Bar Council – also supported Justice KK Agha's nomination as the head of the constitutional bench.
Justice K K Agha worked as the additional attorney general during the PPP government. He was also appointed as NAB prosecutor general by the same regime. He, as the legal representative of the state, also defended the 18th Constitutional Amendment.
He was among the few judges reconsidered for the SHC after being removed through the July 31, 2009, order. Justice KK Agha refused to renounce his foreign nationality to become a judge of the SHC.
The previous PTI-led government had also filed a presidential reference against his removal for alleged undeclared foreign properties abroad. Subsequently, after quashing the reference against Justice Qazi Faez Isa, the Supreme Judicial Council (SJC) also dropped the misconduct proceedings against him.
A debate has also started on the nomination of judges for constitutional benches.
It has been witnessed that government representatives, bar members, and two judicial members especially Justice Aminuddin Khan and Justice Mandokhail, remained on the same page. The JCP meeting minutes will clarify the reasons eight senior SHC judges were ignored for nomination to the constitutional benches.
Former Sindh High Court Bar Association (SHCBA) president Salahuddin Ahmed says it is clear that by excluding all the senior and most experienced judges presently sitting on the constitutional side in the Sindh High Court, the provincial and federal governments, acting through the Judicial Commission of Pakistan, have succeeded in handpicking constitutional benches that, in their view, will be least likely to confront the governments on any constitutional issue of importance.
"By making benches for a short period of two months, they have also given themselves space to remove any of the presently-selected judges who may pose a problem for them in the future," he adds.
Advocate Abdul Moiz states that reducing the high court's constitutional scope to nine judges is a farce. "This is simply unsustainable. It will cripple the already handicapped judicial process,' he stresses
Jaferii also said that to take the constitutional jurisdiction of the high court, its relevant power, away from some of the best judges of the country, who are senior to this roster, is without cause or reason.
"The federal government got what it wanted in the Supreme Court, and it appears the PPP now wants payback in its province. Sue the government for a constitutional violation, and watch your case take forever to list. And when it does list, wait and watch what happens," he concludes.