Existing JCP rules: JCP decides continuing appointment of apex court judges

ISLAMABAD: The members of the Judicial Commission of Pakistan (JCP) decided that the process of appointments of judges in the superior judiciary should continue according to the existing JCP rules.

The JCP, on Friday, held its meeting at the Supreme Court, which was presided over by Chief Justice Qazi Faez Isa and participated by Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Aminuddin Khan, Justice Yahya Afridi, and former judge of Supreme Court Manzoor Malik.

The chief justices and the senior puisne judges of the Federal Shariat Court and all the High Courts, Federal Law Minister Azam Nazeer Tarar, provincial law ministers, Attorney General for Pakistan Mansoor Usman Awan, and the members of Pakistan Bar Council and provinces’ Bar Councils were also present.

As the chairman JCP Justice Faez elaborated the agenda of the meeting, Azam Nazeer requested the Commission to defer it because the federal government was considering amending Article 175A of the Constitution and that the formation of the Commission may be changed.

Justice Yahya then suggested that since the government was intending to propose amendments to the constitution; therefore, the discussion on the agenda should be deferred and the meeting should be postponed.

The view of all members was solicited and it was agreed to adjourn the meeting; however, it was agreed that this should not delay the process of appointments, which may continue in accordance with the existing rules.

The JCP meeting was adjourned for an indefinite period.

CJP Qazi Faez, who is also the chairman of the Commission, on December 4 last year, had constituted a committee to review the Judicial Commission of Pakistan Rules, 2010, to propose amendments to the JCP Rules. It was co-chaired by Justice Syed Mansoor Ali Shah and former judge Justice Manzoor Ahmed Malik to recommend such rules of procedure for the Commission in making appointments of the judges of the constitutional courts, that comply with the collegial and inclusive decision-making process enshrined in Article 175-A of the Constitution.

The important areas of consideration for proposing amendments in the 2010 Rules include: Process for convening meetings of the Commission and making decisions therein; Initiation of nomination(s) in the Supreme Court; Initiation of nomination(s) in the High Courts; Adequate representation of the district judiciary and the Bar for elevation; Diversity; Criteria for selection for appointment of judges to the Supreme Court and the High Courts; Confirmation of additional judges in the High Courts; and establishment of a Secretariat of the Commission, appointment of the secretary and other staff thereto.

Copyright Business Recorder, 2024