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While appreciating the functioning of Judicial Commission of Pakistan (JCP), the Pakistan Bar Council (PBC) was of the opinion that there should be no bar on making its proceedings available, at least to the Council. The PBC sought access to the minutes of the in-camera proceedings of the JCP, which at present is limited only to the Commission members.
The main reason of seeking the information relating to appointment of superior courts judges is that the matter is likely to be discussed with Chief Justice Iftikhar Muhammad Chaudhry during last week of the current month, Latif Afridi, Vice Chairman of PBC, told Business Recorder on Saturday, terming JCP present procedure comparatively better.
Earlier on June 18, PBC's executive body members pondered upon the JCP's role and demanded that the process for the appointment of judges under 18th Amendment should be made transparent, where a unanimous resolution against the in-camera meeting of the Judicial Commission was passed. Under the resolution, from PBC a letter has been written to Registrar of Supreme Court, who is also Secretary of the Judicial Commission, seeking record of the JC meeting.
Latif said that lawyers have shown their concern over the process of judges' appointment in superior judiciary, whereas PBC member of the JCP has the privilege in sharing the Commission's proceedings. In this connection it is worth mentioning that Dr Khalid Ranjha, who represents the bar council in the JCP, was asked to brief the PBC members about the Commission proceedings, which he refused, saying that JCP members have taken oath. Therefore, he could not divulge anything about the proceedings.
According to Sub-Section 4 of Rule 5 of the Rules of Judicial Commission of Pakistan 2010, "The proceedings of the Commission shall be held in-camera. A record of the proceedings shall be prepared and maintained by its Secretary duly certified by the Chairman under his hand." However, Section 8 of JCP Rules says; "Without prejudice to the foregoing, the Chairman may relax strict application of these rules in the public interest."

Copyright Business Recorder, 2011

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