Judicial Commission: lawyers seek representation of their representatives
The legal fraternity has demanded representation of their elected representatives in Judicial Commission for appointment of judges. They were addressing a seminar organised by Lahore High Court Bar Association. Those who spoke included Pakistan Bar Council Vice Chairman Sayed Qalb-e-Hasan, former Supreme Court Bar Association Asma Jahangir, LHCBA president Abid Saqi, and ANP Secretary General Ahsan Wyne.
Copyright Business Recorder, 2013
Adopting a resolution presented by President LHCBA Abid Saqi, the lawyers expressed lack of trust in the no-confidence present method of alleviation of judges. Through a resolution they said, the LHCBA expressed dismay over constitution and working of the Judicial Commission. "It is dominated by judges and they remain the sole decision-makers in appointment of judges. Further Article 175-A (4) has been misinterpreted as the rules made to regulate procedure has given sole discretionary powers to the Chief Justice of Pakistan to nominate any name which is presented to the JC. "Even chief justices of the high courts are subject to the choices made by the Chief Justice of Pakistan. The LHCBA deeply regrets that the law only empowers the JC to make rules regulating its procedure. In the garb of procedure all non-judge members are excluded from recommending any name for elevation to the judiciary". The non-judge members and bar representatives have denounced this practice and called for amending the rules and article 175 (A) so that elevation of judges is carried out in a transparent manner.
Article 175-A should include presidents of the Supreme Court Bar Association and High Court Bar Associations in the JC. All members of the JC should with consensus nominate a former judge to the JC. All members of the JC may initiate names for appointment to the judiciary.