Appointment of superior judges: Bars oppose unchecked powers to MPs panel

Another Constitutional Amendment said to be in the pipeline

ISLAMABAD:

The superior bars have expressed reservations over the proposal aimed at granting unchecked powers to the Parliamentary Committee for Judges’ Appointments.

After the establishment of military courts through 21st Amendment, the Parliamentary Committee on Judges’ Appointments has proposed another constitutional amendment to change the present procedure of judges’ appointments, which is seen as another setback for the superior judiciary.

The top parliamentary body, which approves the nomination regarding the appointment of superior courts’ judges, has recommended the government to introduce the 22nd Amendment, wherein it is proposed that the decision of parliamentary committee will not be challenged in any court of law.

However, the superior bars have expressed reservation over this proposal.

Talking to The Express Tribune, lawyer Hamid Khan strongly opposed the proposed Amendment and termed it as ‘useless’. “The appointment of judges will get politicised if unchecked powers are assigned to the parliamentary committee.”

He also objected to the formation of a committee to initiate the names for the appointment of high court judges.

Pakistan Bar Council Vice Chairman Azam Nazir believes that the committee’s powers were encroached by the superior judiciary as it became ineffective; therefore, 22nd Amendment is the reaction of parliament.

He criticised the superior judiciary for not amending the Judicial Commission’s rules on the demand of lawyers. “I personally believe politicians and judges should sit together for the appointment of judges as it happens in the United States and European countries,” said Tarar, adding that the supremacy of parliament cannot be overlooked.

Supreme Court Bar Association president Fazl-e-Haq Abbasi expressed reservation over the parliamentary committee’s proposal and said the Supreme Court has the power to review the decision of every institution as the supervisory jurisdiction of the apex court cannot be abolished.

Yasin Azad, PBC’s representative in JCP, also opposed the proposed amendment and said that the present system of judges’ appointment is strengthening gradually; therefore, it should be allowed to continue.

Former SCBA president Kamran Murtaza said presently, the commission’s role is dominant in the judges’ appointment but this proposed amendment will give unchecked powers to parliamentary committee, adding that there should be a balance between both bodies in the process of judges’ appointment.

Since August 2013, a three-member sub-committee headed by Pakistan People’s Party (PPP) Senator Farooq H Naek was consulting with bar representatives and retired judges to bring changes in the process of judges appointment.


Published in The Express Tribune, February 6^th, 2015.