New CJP to be appointed on seniority basis: law minister

ISLAMABAD: As speculations surrounding the appointment of a new chief justice run on, Federal Law Minister Azam Nazeer Tarar said Monday the principle of seniority will be followed in the appointment of a new top judge of the country.

With the incumbent Chief Justice of Pakistan (CJP) Qazi Faez Isa set to retire in October this year, rumours of an “extension” in his tenure through judiciary-centric legislation in parliament have been rife.

Speaking in Geo News programme Aaj Shahzeb Khanzada Kay Sath, the law minister rejected rumours and stated that the new CJP will be appointed based on “seniority” only. “Seniority will be of paramount importance in the process of appointment of a new chief justice. The senior-most judge will be the chief justice,” Tarar said while speaking to Geo News.

Advising against politicising the appointment of judges, the minister said unnecessary debate should not held on the matter. The principle of seniority in the appointment of the chief justice of Pakistan is enshrined in Article 175-A(3) of the Constitution, and any ordinary legislation cannot bypass it.

The legal experts say there is no constitutional mechanism for such an extension without amendments to the Constitution. It may be noted that Pakistan Tehreek-e-Insaf (PTI) gave rise to speculations by seeking an early issuance of notification regarding the next chief justice of Pakistan (CJP), earlier this month.

CJP Isa, who is set to retire from the top judicial post on October 25, 2024, has “no interest” in getting an extension, as stated earlier by the law minister. Senior Puisne Judge Mansoor Ali Shah is next in line to become the country’s top judge.

The speculations about an extension gained attraction after it emerged that the federal government is reportedly planning to summon a joint session on August 28 (Wednesday) to introduce key legislation.

However, speaking on Geo News show Capital Talk, Defence Minister Khawaja Asif announced that the joint session of the parliament was not going to take place on the said date. It would rather be held next week, he added.