Despite dissent shown by senior Supreme Court judges, the Judicial Commission of Pakistan (JCP) has nominated two more judges for the constitutional benches (CBs) by a narrow majority.
They are Justice Aqeel Ahmad Abbasi and Justice Ali Baqar Najfi. The commission by a majority of 7 to 6 approved the nomination of the recently-appointed Justice Ali Baqar Najafi for the constitutional bench.
Five government representatives in the JCP and Pakistan Bar Council (PBC) member supported the proposal of Justice Aminuddin Khan for the constitutional bench.
Chief Justice of Pakistan (CJP) Yahya Afridi did not endorse Justice Najfi's nomination. The commission by majority approved the nomination of Justice Abbasi for the constitutional bench.
One member of commission told The Express Tribune that none of the members objected to the nomination of Justice Abbasi.
However, five members -- Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Jamal Khan Mandokhail and two PTI members Ali Zafar and Gohar Ali Khan -- opposed both the nominations on the ground that the commission should set criteria first for the appointment of judges of all high courts and also for nomination of judges to the CBs
CJP Afridi had already formed a committee led by Justice Jamal Khan Mandokhail for evolving rules and criteria for the nomination and determination of the number of judges for the CBs of the Supreme Court and high courts.
It is learnt that the committee has yet to hold any meeting for this purpose.
Lawyers are raising question on the wisdom and logic for nomination of a particular set of judges for the constitutional bench. The judges who may question the present regime are not being included.
Some judges like Justice Ayesha Malik have been nominated but they are not being included in the constitutional benches hearing important cases like the matter related to the super tax, etc.
Rida Hosain advocate expressed wonder that a judge elevated a few days ago is apparently eligible for nomination to the constitutional bench, but various judges that have served on the Supreme Court for years and have significant constitutional expertise are not. In the absence of a criteria, these nominations remain arbitrary, she adds.
However, one section of lawyers says that Justice Aminuddin Khan being head of CB nominated Justice Aqeel Ahmad Abbasi who was the signatory of a judicial order wherein it was held that the members of CB committee had committed contempt by violating the judicial order and withdraw a pending case before the bench.
It is being expected that the CB committee will form a bench to take up review petitions in the reserved seats case.
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