Law minister, attorney general, Sindh’s law minister skip meeting. PHOTO: FILE
The Judicial Commission on Appointment of Judges finalised its recommendations for fresh hiring in the superior judiciary during a meeting on Saturday despite the absence of key government officials. For approval, the recommendations will now be sent to the parliamentary committee on the appointment of judges.
Law Minister Farooq H Naek, Attorney General Irfan Qadir, Sindh Law Minister Ayaz Soomro and a representative of the Pakistan Bar Council (PBC) did not attend the meeting, which was initially scheduled for January 18, but ended up being deferred.
Talking to The Express Tribune, a judicial officer said that constitutionally, the absence of the top officials did not affect the commission’s proceedings. According to the Constitution, the commission is only bound to forward the recommendations agreed upon by the majority of its members, he said.
In a letter sent to the commission’s secretary, Irfan Qadir said he would not attend the meeting because “the commission is not properly constituted since the PBC has not sent a senior lawyer’s name for membership in the commission.”
With the letter AG Qadir also attached PBC’s November 7, 2012 resolution, in which the lawyers refused to nominate their representative until their reservations regarding the commission’s proceedings were addressed. The PBC has also demanded that every member should have the right to nominate a judge.
Presenting his arguments regarding the presidential reference filed in the Islamabad High Court judges’ case in December, AG Qadir contended that the commission’s proceedings should be made public.
“The commission should ensure equal opportunity is provided to all qualified lawyers and senior judges from the subordinate judiciary for elevation to the high court, and similarly amongst the judges of high courts to the Supreme Court,” he maintained.
“The bar councils and the Supreme Court Bar Association have expressed serious reservations regarding the manner in which the commission is functioning … this is a sad reflection on the commission’s performance,” Qadir added.
Published in The Express Tribune, January 27th, 2013.
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