JCP reschedules crucial meeting for May 19

The Judicial Commission of Pakistan (JCP) has rescheduled its May 2 meeting for May 19. In this crucial meeting, the commission will consider nominations for appointing permanent chief justices to four high courts of the country, including the Islamabad High Court (IHC).

The meeting to be chaired by Chief Justice of Pakistan Yahya Afridi will be held at the Supreme Court building. Apart from the IHC, acting chief justices also lead the Sindh High Court (SHC), the Peshawar High Court (PHC) and the Balochistan High Court (BHC).

According to sources, the JCP has sought nominations from the high courts to fill the key positions by May 4. They said names of three senior most judges from each court will be considered.

Interesting, a constitutional bench (CB) of the Supreme Court is currently hearing a slew of petitions filed against transfer of judges from three other high courts to the IHC and change in the judges' seniority list in the wake of the transfer.

The Ministry of Law on February 1 issued a notification for the transfer of Justice Sardar Muhammad Sarfraz Dogar, Justice Khadim Hussain Soomro and Justice Muhammad Asif—respectively from the Lahore High Court (LHC), the SHC and the BHC—to the IHC.

Following this transfer, the IHC issued a new seniority list on February 3, ranking Justice Dogar as the senior puisne judge. Five IHC judges—Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Sardar Ejaz Ishaq Khan, Justice Babar Sattar and Justice Saman Rafat Imtiaz—later filed representations against Justice Dogar.

However, the then IHC chief justice, Aamer Farooq, rejected these representations. After elevation of Justice Farooq to the Supreme Court, Justice Dogar was also elevated as the IHC acting chief justice on February 12.

The IHC judges, PTI founder Imran Khan, and four different bar associations were among the seven petitioners who challenged the transfer notification; the new seniority list; the notification for the appointment of Dogar as the IHC acting CJ; and the representation decision of February 8.

At a recent hearing of the case, the CB had sought replies from various respondents.

In its reply, the SC registrar stated that under Article 200(1) of the Constitution, the President may transfer a judge from one high court to another with the judge's consent and after consultation with the chief justice of Pakistan and the chief justices of both high courts concerned.

In view of the procedure outlined under Article 200(1), the Ministry of Law and Justice, through a letter dated February 1, sought consultation/consensus from the Honorable Chief Justice of Pakistan. This consultation/consensus was provided by the Chief Justice of Pakistan on the same date—February 1 of this year, he said.

The JCP has also submitted a written reply to the CB.

It said the JCP is a constitutional body whose jurisdiction is defined under Article 175-A of the Constitution. Its primary function is the appointment of judges to the Supreme Court, High Courts, and the Federal Shariat Court.

The commission has requested that its response be made part of the court record and has expressed full respect for the decision of the Supreme Court, stating that it will provide all possible assistance whenever summoned by the court.