Legislation about superior court judges: Justice Munib leaves JCP meeting

ISLAMABAD: Justice Munib Akhtar on Friday left the meeting of the Judicial Commission of Pakistan (JCP) rules-making committee after posing a question to the attorney general regarding the constitutional amendments about judicial reforms.

However, there was no official confirmation of the judge leaving the meeting.

Chief Justice Qazi Faez Isa had convened the meeting of Judicial Commission of Pakistan on Friday to review its Rules 2024 for the appointment and elevation of judges to superior judiciary.

The CJP chaired the meeting attended by senior judges including Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice (retd) Manzoor Ahmed Malik, Attorney General Mansoor Usman Awan, representative of Pakistan Bar Council and others.

Federal Law Minister Azam Nazir Tarar who is also a JCP member did not turn up to the meeting.

On last meeting held in May, the commission had deferred the meeting after the law minister revealed that the federal government was considering bringing constitutional amendments for changing the structure of elevation of superior court judges.

At this, the meeting had to be postponed with on the consideration that any deliberations would become futile if Parliament amends Article 175A of the Constitution to modify the procedure of appointments of judges in the superior judiciary.

The law minister had requested the deferment of the meeting in view of the federal government’s intention to amend the constitutional provision.

Similarly, Justice Yahya Afridi, one of the members of the committee, had suggested that since the government intended to propose amendments to the Constitution, discussion on the agenda should be deferred and the meeting postponed.

In this respect, the views of all the members were solicited, and it was agreed to adjourn the meeting. It was, however, agreed that this should not delay the process of appointments, which may continue in accordance with the existing rules.

On Friday, as Law Minister Tarar remained absent from the meeting, sources said that Justice Munib Akhtar asked the attorney general about the progress in the intended legislation on the part of government, the AG replied that the law minister could better answer the question. The AG further told Justice Munib that the JCP was not a competent forum to ask such a question.

Sources said that Justice Munib then suggested the commission to postpone the meeting, adding that last meeting was also postponed as the law minister had informed them that the government was intending to bring constitutional amendments. Therefore, until and unless, the issue of constitutional amendment is not finalised, the meeting should be postponed.

Sources however, said that the JCP after soliciting the views of other members did not agree to the suggestion and continued the meeting.

Meanwhile, a press release issued by the Registrar and JCP secretary stated that there has been a consistent demand to revisit the Judicial Commission of Pakistan Rules which were made in the year 2010 under Article 175A(4) of the Constitution.

It was stated that the process was initiated by CJP Isa, and a committee was constituted on December 8, 2023, comprising Justice Mansoor Ali Shah and Justice (retd) Manzoor as co-chairs and included the senior puisne judges of all the high courts, the attorney general, PBC representative Akhtar Hussain and members of the provincial bar councils.

“The committee submitted the draft rules prepared by it which were circulated amongst all the members of the Judicial Commission of Pakistan mentioned in Article 175A of the Constitution, and their views were solicited,” it stated.

It was further stated that a meeting of all the members was convened on May 3, 2024, to consider the draft rules, however, the meeting was adjourned. Due to the summer vacations being observed by the high courts, the Federal Shariat Court and the Supreme Court, and as a number of the members were availing of vacations and some were abroad, the meeting was again called after the commencement of the new judicial year, said the press release.

It was further stated that during the meeting the registrar/ secretary of the commission briefed the members on what had transpired.

Thereafter, the chairman called upon Justice Syed Mansoor to present the draft rules and in doing so he also explained the reasons which the committee had kept in mind in drafting them.

It was stated that the chairman then invited the members to express their views on the different provisions of the draft rules and a comprehensive discussion took place.

“It was ensured that the draft rules should be fully compliant with the provisions of the Constitution. Proposals were made upon which a broad consensus developed,” the press release stated, adding that suggestions were also made to make necessary amendments and increase the number of proformas to attend to the different categories.

It was decided to attend to the same by modifying the draft rules, and after conclusion of the discussion, the members proposed that the CJP and the senior puisne judge should amend the said draft rules in accordance with the consensus that had been arrived at and to present the same in the next meeting of the commission. Meanwhile, the meeting was adjourned until September 28, 2024, at 10am.