JCP to pick two more SC judges on 8th

Chief Justice of Pakistan (CJP) Yahya Afridi has summoned a meeting of the Judicial Commission of Pakistan (JCP)—on April 8—to appoint two new Supreme Court judges from among five nominations received from the Lahore High Court (LHC).

According to the agenda of the meeting, two new SC judges will be picked from among the five senior most LHC judges.

The JCP will also consider the request of the LHC senior puisne judge—Shujaat Ali Khan—for expunction of remarks/observations contained in the minutes of meeting of the JCP held on July 2, 2024.

During that meeting, the JCP had unanimously approved the nomination of Justice Aalia Neelum as the new LHC chief justice by ignoring two senior judges—Justice Shujaat Ali Khan and Justice Ali Baqar Najafi.

The JCP had noted that the judges were not suitable and fit to hold the office of the LHC chief justice "largely due to the negative public perception as to their integrity and reputation amongst the judicial and legal fraternity".

It said in a full and frank discussion, all the members of the commission either stated or endorsed the view that "there was a near universal convergence of negative perception then any expectancy stood displaced, and the candidature of the nominee ought not to move forward".

The JCP minutes stated that the foundational strength of a judicial institution is public trust. "All members of the commission were of the view that the person who is to be appointed as the chief justice of a high court must possess unchallenged integrity and unblemished reputation."

Justice Munib Akhtar, a member of the JCP, had noted that the Al-Jehad Trust case had laid down a substantive rule of constitutional law and was a binding precedent.

However, the legitimate expectancy though creating a high threshold could be displaced, if there were convincing reasons to the contrary.

Justice Yahya Afridi had pointed out that the two senior most LHC judges were not considered fit for elevation to the Supreme Court of Pakistan in the earlier meeting of the JCP dated June 7; hence they should not now be considered for appointment as the LHC chief justice.

"The chairman (former CJP Qazi Faez Isa) stated that he personally could not comment on the integrity and reputation of the first two gentlemen.

"However, with regard to Justice Shujaat Ali Khan, he was disappointed with his limited work experience and that his output too was disappointing.

"Reference was also made to a couple of his judgments which were set aside by the Supreme Court because settled legal principles were not followed.

"As regards Justice Ali Baqar Najafi, the chairman/CJP Isa referred to his decision in a large number of electricity tariff cases in which jurisdiction was assumed without legal/constitutional justification.

"[This decision was] set aside, however, as a consequence of the said unjustified assumption of jurisdiction [while] an astronomical loss was caused to the public exchequer."

Citing CJ Isa, it said another of Justice Najafi's judgments had the potential to derail the February 8 general elections besides having an extra-territorial effect—a decision also set aside by the SC.

"Reference was also made to [Justice Najafi] requiring from the Foreign Ministry protocol facilities at airports abroad for his adult son," it added.

On April 8, the commission will also consider the nomination of a former chief justice/judge of the Sindh High Court, the Balochistan High Court, the Peshawar High Court and the Islamabad High Court under second proviso to Article 175A(5) of the Constitution of Pakistan.

The incumbent PML-N led coalition government increased the total strength of the SC judges from 17 to 34 through the 26th Constitutional Amendment. Currently, 22 permanent judges are working in SC.