CJP nominates Justice Faisal Arab as JCP member

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed has floated the name of Justice (retd) Faisal Arab as the new member of the Judicial Commission of Pakistan (JCP) after Justice (retd) Dost Muhammad Khan’s tenure expired on Oct 10, 2021.

The CJ intimated the name of Justice Faisal Arab to four senior judges of the Supreme Court, who are members of the Judicial Commission of Pakistan (JCP) through Registrar of the Supreme Court, being Secretary of the Commission.

At present, four most senior judges of the Supreme Court and Members of the Judicial Commission of Pakistan are Justice Umer Ata Bandial, Justice Qazi Faez Isa, Maqbool Baqir and Justice Sardar Tariq Massod.

As per legal requirement, the chief justice will make consultation with only four senior judges and Members of the Judicial Commission of Pakistan (JCP) over appointment of Justice (retd) Faisal Arab as the new member of the Commission during a meeting when convened.

The seven judges including Justice Umar Ata Bandial, Justice Manzoor Ahmad Malik, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Munib Akhtar and Justice Qazi Muhammad Amin Ahmed.

Three members of the full court including Justice Maqbool Baqir, Justice Syed Mansoor Ali Shah and Justice Yahya Afridi however, had made their own order and held the petitions maintainable and allowed the same.

The three judges held that one of the outcomes of such declaration is that the reference, filed by the president of Pakistan against the petitioner (Qazi Faez Isa) is quashed, and as a result the proceedings along with the show-cause notice issued by the Supreme Judicial Council stand abated.

The three judges held that the doors of the constitutional forum i.e., Supreme Judicial Council are always open, either on its own motion or for anyone who has a genuine and a bona fide grievance, amenable to the jurisdiction of the Council against a judge of the constitutional court.

At the same time, it is equally important, that a Judge like any other citizen of Pakistan enjoys the inalienable constitutional right to be treated in accordance with law,” they maintained and held that these fundamental values are to be protected at all cost in order to uphold the majesty and supremacy of the Constitution and to honour the people of Pakistan who have adopted and given to themselves this Constitution.

The JCP is a constitutional forum for appointment of judges to the superior courts and it consists of nine members including Chief Justice of Pakistan, four most senior judges of the Supreme Court, Federal Minister for Law and Justice, Attorney General for Pakistan and a senior advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years.