National Judicial Commission adopts rules

CJP hopes judiciary in superior courts will comprise brightest and most honest persons.

ISLAMABAD: The National Judicial Commission, tasked to appoint judges in the superior courts, unanimously adopted the draft National Judicial Commission of Pakistan’s Rules 2010 in its maiden session on Saturday.

Chief Justice Iftikhar Muhammad Chaudhry – who is also Chairman of the National Judicial Commission (NJC) – thanked the members for attending the inaugural meeting.

He hoped the country’s leading luminaries representing the top judiciary, the executive and members of the bar councils will select the best, the brightest and the most honest persons for appointment to the superior courts.

Justice Chaudhry underlined that Friday’s meeting is going to herald the change of system of appointment of judges in the light of the Parliament’s decision articulated through the 18th constitutional amendment.

He hoped that any weaknesses in the new system will be duly addressed by the Parliament in light of the order of the 17-member bench of the Supreme Court which was engaged with this matter for over four months.

Justice Javed Iqbal, senior judge of the Supreme Court and member of the NJC tabled the draft National Judicial Commission of Pakistan’s Rules 2010.

The members perused the rules and discussed and debated its various articles. After minor amendments, the draft rules were unanimously approved by the commission.

Speaking to journalists after the session, Law Minister Babar Awan announced that the Islamabad High Court (IHC) would start functioning from December 13. He said that a previously issued notification for the establishment of IHC under an act of the Parliament was also presented to the NJC chairman by the law ministry in the meeting.

He hoped the commission would complete the process of appointment of judges, including the IHC chief justice, before December 13. He added that judges in the IHC would be appointed from all four provinces and Fata.

Awan said that in his opinion, the Parliament would amend Article 175-A of the Constitution for the appointment of judges, through a 19th amendment.

Describing November 6 as a historic day, the law minister said “today top judges, elected representatives and representatives of the lawyers’ community sat together and discussed the judges’ appointment procedure”.

He added that before the NJC, no forum was available for transparent appointments. He reiterated the government’s resolve to strengthen the system in order to move forward.

Later the law minister made a fresh announcement of Rs1million for the welfare of Supreme Court Bar Association employees at their request. The grant was first accepted by Qazi Anwar, former president of the Supreme Court Bar Association (SCBA) but was later returned.

Awan said the SCBA employees complained to him that the Rs1million cheque was returned against their will by Qazi Anwar.

Published in The Express Tribune, November 7^th, 2010.