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ISLAMABAD: The members of the Judicial Commission of Pakistan (JCP) proposed that the chief justice of Pakistan and the senior puisne judge of the Supreme Court should amend draft rules in accordance with the consensus arrived at in the meeting.

The Commission’s meeting was held at the Supreme Court on Friday to deliberate upon the proposed JCP Rules 2024.

The meeting, chaired by Chief Justice of Pakistan (CJP) Qazi Faez Isa, was attended by senior puisne judge Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Ameen ud Din Khan, Justice (retired) Manzoor Malik, Attorney General for Pakistan (AGP) Mansoor Usman Awan, the chief justices of high courts, and the law ministers of all the four provinces.

CJP seeks nomination of additional judges

However, Federal Law Minister Azam Nazeer Tarar did not attend the meeting.

The sources said that during the meeting, Justice Munib said unless the constitutional package is introduced in the Parliament the meeting should be deferred. However, other members including CJP Faez and Justice Mansoor agreed to proceed with the meeting. Justice Munib then walked out of the meeting.

According to the statement issued by SC Registrar/Secretary JCP, there has been consistent demand to revisit the JCP Rules, which were made in 2010 under Article 175A of the constitution.

The process was initiated by CJP Faez Isa, and a committee was constituted on December 8, 2023, comprising Justice Syed Mansoor Ali Shah and Justice (retired) Manzoor Ahmed Malik as the co-chairs and included the senior puisne judges of all the High Courts, the Attorney General for Pakistan, representative of Pakistan Bar Council Akhtar Hussain, and the members of the provincial bar councils.

The committee submitted the draft rules prepared by it which were circulated among all the members of the Commission, and their views were solicited.

The meeting of all the members was convened on May 3, 2024, to consider the said draft rules, however the meeting was adjourned. Due to summer vacations being observed by the High Courts, the Federal Shariat Court and the Supreme Court, and as a number of the members were availing of vacations and some were abroad, the meeting was again called after the commencement of the new judicial year.

Notice convening the meeting to consider the draft rules was issued on August 27, 2024 for today (September 13, 2024). During the meeting, Justice Mansoor presented the draft rules and explained the reasons for drafting the rules.

The chairman then asked the members to express their view on the different provisions of the draft rules, and comprehensive discussion took place. It was ensured that the draft rules should be fully compliant with the provisions of the constitution.

Proposals were made upon which a broad consensus developed. The suggestions were also made to make necessary amendments and increase the number of pro-formas to attend to the different categories. It was decided to attend to the same by modifying the draft rules.

After the conclusion of the discussion, the members proposed that the chief justice of Pakistan and the senior puisne judge of the Supreme Court should amend the said draft rules in accordance with the consensus that had been arrived at and to present the same in the next meeting of the Commission, which is scheduled for 28th September.

Copyright Business Recorder, 2024

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