PHC moved against JCP judges' removal

PESHAWAR:

The federal government's move to remove senior puisne judges of High Courts from the Judicial Commission of Pakistan (JCP) following the 26th Constitutional Amendment has been challenged in the Peshawar High Court (PHC).

A writ petition, filed by Advocate Zarak Arif Shah through Advocate Ali Gohar Durrani, contends that the removal of senior puisne judges from the JCP membership violates the Constitution. The petition names the Judicial Commission of Pakistan and the Ministry of Law and Justice as respondents.

According to the petition, the federal government, following the 26th Amendment, altered Article 175(2), replacing the position of the senior puisne judge on the JCP with the head of a newly proposed "constitutional bench." Consequently, on January 27, 2025, the JCP issued a notification terminating the membership of senior puisne judges in the commission.

The petitioner argues that this change effectively excludes all senior puisne judges from High Courts across the country from participating in the JCP and claims this action is unconstitutional. The petition points out that under Article 175A, the change is only enforceable once constitutional benches are formally established under Article 202A, a process that has yet to occur.

The petition further contends that until these constitutional benches are constituted, the existing role of senior puisne judges in the JCP must remain intact. It argues that the move contradicts not only the letter and spirit of the 26th Amendment but also fundamental provisions of the Constitution, including several clauses from the 1973 Constitution and subsequent amendments.

The petitioner emphasized that a truly independent judiciary requires judges of superior courts to be involved in judicial appointments, rather than allowing the executive to dominate the process.