Following international practices: Lawyers’ input sought on judges appointment

Panel will forward recommendations to the Parliament after reviewing this report.

ISLAMABAD:

A sub-committee of the special parliamentary panel on Judges Appointment sought a comprehensive report from the legal fraternity to evolve a fresh mechanism to induct judges in the superior judiciary in light of international practices.

The sub-committee, headed by Farooq H Naek, noted that the existing procedure for the appointment of judges in the superior judiciary was unsatisfactory, as neither the parliamentary committee nor the legal fraternity played any role in the induction.

“Neither the parliamentarians nor the representatives of Bar Councils are satisfied with the procedure of the appointment,” said Shah Mehmood Qureshi, member of the committee.

He added that both the parliamentarians and lawyers have discussed the existing procedure in depth and after due deliberation, the Bar Associations were suggested to thoroughly study international practices in this regard and prepare a comprehensive report.

The committee will forward recommendations to the Parliament after reviewing this report.

Supporting Quershi, ANP’s Senator Haji Adeel maintained that they “had to bring changes in this procedure through amendment in the Constitution after thoroughly studying the international best practices.”

“We have also received input from the Bar Associations and have concluded that a new system which is at par with the best international practices is put in place,” Adeel said.

Speaking on the occasion, Senior Advocate Supreme Court and constitutional expert Azhar Siddique said that under the current procedure the judges are appointed on the basis of likes and dislikes.

He recommended that there is a need to amend articles 193 and 209 of the Constitution to lay down a procedure for the qualification and disqualification of the aspirant of a judge of the superior judiciary in line with article 62 and 63, for appointing a person of honest and upright character.

He further suggested that three names for a judge—two from JC and one from the PC—should be nominated and one of them should be selected keeping in view merit and best qualification.

Published in The Express Tribune, April 4^th, 2014.