Plugging vacancy: JCP to appoint new top judge for Balochistan

Commission will meet on Dec 10 to consider Justice Noor Meskanzai

ISLAMABAD:

Chief Justice of Pakistan (CJP) Nasirul Mulk has summoned a meeting of the Judicial Commission of Pakistan (JCP) on December 10 to consider the appointment of a new chief justice of the Balochistan High Court (BHC), sources revealed to The Express Tribune.

With BHC Chief Justice Ghulam Mustafa Mengal retiring on December 25, the commission will consider the name of the next senior most judge, Justice Muhammad Noor Meskanzai, for the post.

Sources said the commission would also consider the appointments of new additional judges for the Balochistan and Islamabad high courts as well.

Meanwhile, in tune with the demands of the superior bars, the CJP has summoned a special meeting of the judicial commission on December 6 to consider a set of proposed amendments to JCP Rules 2010.

All the representatives of the commission – including senior most judges, chief justices of high courts, federal and provincial law ministers as well as bar representatives – will participate in the special meeting.

Pakistan Bar Council (PBC) on March 15, 2013 proposed amendments in the JCP rules, seeking transfer of the JCP chairman’s power to appoint superior court judges to the commission. These proposed amendments were approved by the whole PBC body unanimously. According to rules, the Supreme Court’s incumbent chief justice holds the position of JCP chairman.

Meanwhile, PBC chairman executive committee Ibrar Hassan and PBC’s representative in JCP Yasin Azad also met the CJ on Friday.

Talking to The Express Tribune, Yasin Azad said that they have requested the CJP to fix the hearing of PBC’s petition against the court’s July 31, 2009 verdict early.  “We have also pleaded to take up the 18th amendment case, wherein the procedure of superior courts judge were challenged in 2010 but the verdict on this matter is still awaited.”

Azad said they have also requested the chief justice to review the Supreme Court’s 1980 rules.

PBC executive committee’s meeting was also held on Saturday, wherein members have urged Yasin Azad to forcefully plead the issue regarding the amendments in the JCP rules in the upcoming meeting.

The superior bars had expressed reservations over the powers of the JCP chairman and proposed amendments in rules 2, 3, 6 and 8 of the JCP, which are related to the appointment of judges.

In their proposals, lawyers have also demanded that the JCP secretary should be nominated by the commission. At present, the JCP chairman (CJP) appoints the secretary of the commission and at present the Supreme Court registrar Tahir Shahbaz holds the post.

Lawyers have also recommended that the JCP’s committee on any matter should not be constituted by the chairman alone, but by the entire commission.

Regarding relaxation of rules, the apex body of lawyers unanimously suggested that the whole commission and not just the chairman should have the authority to relax strict application of the rules in public interest.

The PBC has also recommended that before initiating and sending proposed names of the judges to the commission, the superior bars’ representatives in the JCP should be consulted and this consultation should be meaningful.

Meanwhile, the three-member subcommittee, headed by Pakistan Peoples Party’s Senator Farooq H Naek has also finalised its recommendations on how to strengthen the role of the Parliamentary Committee on Judges’ Appointment (PCJA).


Published in The Express Tribune, November 30^th, 2014.