ISLAMABAD: The Attorney General for Pakistan (AGP) has requested the vice-chairman Pakistan Bar Council (PBC) and the president Supreme Court Bar Association (SCBA) to convey collective views of the Bar on the appointment of judges in the Supreme Court.
AGP Khalid Jawed Khan, on Tuesday, wrote a two-page letter to the PBC and the SCBA chiefs that these important constitutional (judges' appointment in SC) matters may be resolved amicably in a dignified manner consistent with the highest traditions of this profession.
The PBC and the legal fraternity have expressed serious reservation on the appointment of Sindh High Court (SHC) junior judge Justice Muhammad Ali Mazhar, as the judge of the Supreme Court and the nomination of Justice Ayesha A Malik to the apex court.
He stated that the judgment of the Supreme Court in the Supreme Court Bar Association vs Federation stipulates that the seniority is not a mandatory requirement for appointment to the Supreme Court.
Historically, there is a long list of such appointments in the Supreme Court.
The AGP wrote there is an urgent need to explore common grounds, so that the process of appointments to the apex court is not overshadowed by disharmony between the Bar and the Bench as is being presently witnessed.
"It is with this objective, I request the members of the legal fraternity to provide their input, which shall be placed before the Judicial Commission of Pakistan (JCP) for consideration in its next session scheduled for September 9, 2021."
He stated that seniority is neither a specific constitutional benchmark for the appointments to the Supreme Court, nor is it borne by our past practices.
The Supreme Court being the last Court and comprising 17 judges, the ideal principle for appointments should be a blend of seniority and merit.
While there is any objective standard for determination of seniority, merit is more flexible concept and may vary in its content. There is need to evolve objective criteria of merit, so that the semblance or possibility of any favouritism and nepotism in the process is completely excluded.
He asked the vice-chairman PBC and president SCBA to convey the views of the legal fraternity on this subject.
"I intend to present the criteria for the consideration of JCP in its next meeting and shall make every possible effort to persuade other Commission's members to adopt and make public such criteria leaving little room for disharmony on the appointment of judges of the Supreme Court."
The AGP also requested the Bar to give opinion on more seats for women judges in the Supreme Court.
He wrote that on August 31, 2021, three female High Court judges took oath as judges of the Supreme Court of India.
These include Justice Bangalore Venkataramiah Nagarathna, who was third in line of seniority in Karnataka High Court and will become first female Chief Justice of India in September, 2007. Besides her, Justice Bela M Trivedi, the fifth in line of seniority in Gujrat High Court also took oath as judge of Supreme Court of India. The third female judge is Justice Hima Kholi.
Copyright Business Recorder, 2021
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