PBC, SCBA to meet CJP next week over judge’s appointment

ISLAMABAD: In order to clear a deadlock persisting on the appointment of judges in the superior judiciary, the legal fraternity is set to meet the Chief Justice of Pakistan next week for presenting some proposals to resolve the issue once and for all.

The Pakistan Bar Council and Supreme Court Bar Association have been agitating to ensure appointment of judges in the superior judiciary in view of the Supreme Court judgments upholding the principle of seniority. It held a protest on September 9 in the Supreme Court when the Judicial Commission of Pakistan (JCP), a constitutional forum for recommending the appointment of judges in the superior judiciary, was deliberating upon the elevation of Justice Ayesha A Malik, judge of Lahore High Court, to the Supreme Court. Her elevation to the Supreme Court, however, remained inconclusive due to a split vote after four members of the Judicial Commission of Pakistan opposed while four others supported her elevation.

Attorney General Khalid Javed had suggested to the commission to defer the consideration of the name of Justice Mrs. Ayesha A. Malik till the next meeting with the request to the Chief Justice/Chairman, JCP, to consider nominating the names of one woman judge from each High Court (where available) including that of Justice Mrs Ayesha A. Malik for appointment as the first woman judge of the Supreme Court of Pakistan in the next meeting of JCP. He further suggested that the JCP may consider allocation of number of seats/quota for appointment of judges from the five high courts, in the Supreme Court of Pakistan in the next meeting of JCP.

The Attorney General had also written to President Supreme Bar Association Abdul Latif Afridi and Khusdil Khan, Vice Chairman Pakistan Bar Council, seeking their input on the appointment of judges in the Supreme Court with a request that a proper criteria needs to be set for the consideration of Judicial Commission of Pakistan. He had expressed the urgent need to reach a common ground so that appointments to the apex court were not overshadowed by disharmony between the Bar and the Bench as was being presently witnessed. He had also sought the views of the Bar on the allocation of at least one and in future more seats for women judges in the Supreme Court.

In response, the Pakistan Bar Council and Supreme Court Bar Association constituted a committee comprising former Vice Chairman Syed Amjid Shah, Senator Azam Nazeer Tarar and representatives from Lahore and Karachi for drafting some proposals for making amendments in the rules of JCP. “We are determined to ensure independence of judiciary and for ensuring appointment of judges in the superior courts in lieu of the apex court judgments upholding the principle of seniority,” said Khusdil Khan, Vice Chairman Pakistan Bar Council. He said that they had sent a short message to Attorney General in response of his letter. “When the committee complies with the proposals for amending the Rules of Judicial Commission of Pakistan, we would properly convey it to learned Attorney General,” Khusdil Khan told The News on Tuesday. He further said in view of the request of Chief Justice of Pakistan for deliberating over the issue, they will also meet next week with the Chief Justice of Pakistan and will present proposals.

Chief Justice of Pakistan Justice Gilzar Ahmed recently, during a full court ceremony on the occasion of the new judicial year of the apex court, had wondered the motive behind the lawyers agitation. The chief justice had said that he had repeatedly invited the bar councils and associations for their input on the appointment of judges in the superior judiciary.

“We have no motive other than independence of judiciary and that the appointments in the judiciary are made on the principle of seniority,” Khan said. He said that in the resolution recently passed during the lawyers convention held on September 9 in the federal capital, they demanded that the Judicial Commission must strictly adhere to the seniority principle in judicial appointments to the Supreme Court until such time as fair, transparent and objective criteria for appointment of judges at all levels was framed.

“Unless this is not done, allegations of favouritism and pick and choose will continue to damage the image of the judiciary,” the resolution had stated.