Judicial Commission of Pakistan panel to discuss criteria of appointments soon – Pakistan

ISLAMABAD: The Pakistan Judicial Commission (JCP) Rules Committee will soon convene to consider the longstanding demands of the legal brotherhood to simplify and decide the criteria for the nomination of superior court judges.

A development official said. Serb An official date for the meeting has not yet been confirmed, but several bar associations have been calling for such a meeting for quite some time to amend the 2010 Pakistan Judicial Council rules.

Such a committee was formed by former Chief Justice of the Supreme Court of Pakistan (CJP) Gulzar Ahmed. Members include current Chief Justice CJP Umar Ata Bandial, Supreme Court Maqbool Baqar, Supreme Court Justice Sardar Tariq Masood, former Supreme Court Justice Sarmad Jalal Osmany, Pakistan Attorney General Khalid Jawed Khan (AGP), and Pakistan Bar Council (PBC) Representative Akhtar Hussain.

PBC’s Hussain said, “I think we need a new committee because Judge Bandial has become CJP.

A basic requirement for a lawyer is to respect the principle of seniority when promoting judges.

The Bar Association has long required that consultations during JCP meetings be meaningful, although the basic requirement of the PBC will continue to adhere to the principle of seniority.

However, some attorneys feel that ability, temperament, integrity, compassion, and proficiency should be guiding principles when considering nominations for a higher court judge.

Letter from Judge Isa

Supreme Court Justice and JCP member Justice Qazi Faez Isa also sent a letter to CJP Ahmed on January 4th in this regard, suggesting the need to establish appropriate criteria for promotion to judges. Justice Isa argued that establishing the criteria for nominations and selection would help dispel allegations of the widespread arbitrariness of the selection process, and he proposed that the judge be promoted to higher courts through due process.

Judge Isa’s letter also emphasized that Article 175A(4) of the Constitution requires the JCP to make rules governing the procedure for promoting a judge to the Supreme Court.

Justice Isa emphasized that the power to make rules regulating the procedure did not allow or empower the committee to act beyond the powers conferred by the constitution, while rule 3 of the Pakistan Judicial Council Rule 2010 meant to route candidates It was just a thing, he added. The Chief Justice is not the only one who may appoint the Chief Justice.

He stressed that the committee was formed to dilute, rather than strengthen, the power of the CJP, making the nomination and election process inclusive and transparent.

Article 175A(2) of the Constitution states that the CJP is only the chair of the committee, and does not grant the authority to nominate anyone on its own, adding that Judge Isa did not state in the letter: The committee may only consider candidates from CJP.

‘Need to consult with PBC’

Meanwhile, PBC representative Hussain said all members of the JCP committee are equal and that clear and transparent standards must be developed to promote judges from the local judiciary to the higher or federal sharia courts and from the higher courts to the Supreme Court. court.

And before starting candidates for promotion to higher courts, he said, you should consult with the PBC beforehand in a meaningful way.

SHCBA’s position

Similarly, on November 27, the Sindh High Court Bar Association challenged the JCP’s discretion to appoint judges to the Supreme Court.

Petitioner declares that the JCP shall constitute discretion to promote higher court judges by inviting proposals from all relevant stakeholders, including judges, senior attorneys and attorneys’ representatives, members of congressional committees, federal and local governments, civil society and litigants. requested. .

The petition also argued that the Supreme Court should instruct the JCP to formulate comprehensive and detailed rules or guidelines by the Supreme Court to structure the appointment process and the criteria and parameters for the appointment after considering various aspects in light of the supreme proposal, directive or framework. . The court may find it appropriate.

The 2010 JCP Regulations were formed by the Commission when Iftikhar Muhammad Chaudhry was Chief Justice of Pakistan. This rule authorizes the Chief Judge to initiate nominations on the appointment committee for judges vacant in the higher judiciary under Rule 3.

Rule 4 authorizes the Chairman, who is the CJP, to regulate the proceedings of the Committee, and the Committee may request any information or records necessary from any person or entity to perform its functions.

Under Rule 5(4), the proceedings of the Committee shall take place on camera, whereas under Rule 5(5) the Chairman may form a committee of one or more members as he deems necessary.

Posted at Serb on February 27, 2022