JCP urged to delay superior judiciary appointments

APLAC warns move might affect judiciary's independence

ISLAMABAD:

The All-Pakistan Lawyers Action Committee (APLAC) has strongly urged the Judicial Commission of Pakistan (JCP) to immediately hold in abeyance the process of appointments to the superior judiciary.

The committee, representing the collective voice of senior lawyers and key stakeholders of the legal profession, warned that the legitimacy of the JCP itself was under grave constitutional scrutiny as the 26th Amendment, which fundamentally alters the structure of judicial independence, was being challenged in the Supreme Court.

"Proceeding with judicial appointments while the constitutional validity of the JCP is under question would not only undermine the sanctity of the judiciary but also cast a shadow over the credibility of its appointees," a statement issued on Sunday read.

It noted that in the past, the JCP demonstrated prudence by deferring appointments until rules regulating the process were framed, insisting that the same principle be applied now, given the far-reaching implications of the 26th Amendment.

Allowing appointments under such controversial circumstances risks eroding public trust in the judiciary and jeopardising its independence, the committee warned.

"APLAC reaffirms its unwavering commitment to upholding the rule of law and protecting the integrity of judicial institutions."

The committee called upon all stakeholders, including the JCP, to prioritise constitutional propriety and refrain from actions that could further polarise the judiciary or compromise its impartiality.

"This is a critical moment for the legal community to stand united in defence of our Constitution and democratic values."

"APLAC remains resolute in its demand that the appointment process be frozen until the Supreme Court delivers its verdict on the validity of the 26th Amendment," the committee asserted.

It is pertinent to note that infighting within the legal community over the Supreme Court's composition following the 26th Amendment shows no signs of easing. The Independent Group, seen as a pro-government faction, has backed the amendment, with SCBA President Mian Mohammad Rauf Atta as a key member.

In contrast, the APLAC, dominated by members of the Professional Group, has issued sharp critiques against the amendment. Over recent weeks, the SCBA president has actively rebutted the committee's criticisms on behalf of the Independent Group.

Analysts have warned that the government, meanwhile, appears to have successfully deepened divisions within the legal fraternity over the controversial amendment.