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Pakistan Tehreek-e-Insaf (PTI) Senator Noman Wazir Khattak on Thursday quit as member of the Parliamentary Committee on judges' appointments in protest against the 'highhandedness' of Judicial Commission of Pakistan (JCP). Talking to Business Recorder on telephone, Senator Khattak said the parliamentary committee exists nowhere in front of JCP, as it does not allow scrutiny of candidates before approval of their names.
"They've [JCP] to appoint their nominee no matter even if the credentials of a candidate don't fit the criteria for becoming judge of high court or the apex court," he said. In the same breath, Khattak continued that before sending the names of the candidates to the parliamentary panel for approval, the decision had already been made which person should be made judge or a chief justice irrespective of his past record.
"If this is what the parliamentary panel should have to act, I'm sorry I cannot be part of a futile body which has no say in appointment of the judges," he said. Khattak argued though Parliament is a supreme body, its decision are intentionally being overshadowed by JCP, which is constitutionally bound to implement the orders and recommendations made by the Parliament.
"What's the use of Parliament being the top legislating body if the decisions [regarding appointment of judges] are made by the JCP, which is in no way authorised to impose its nominations on the parliamentary body," he claimed. The JCP is a commission for the appointment of Supreme Court and High Court judges. The Chief Justice of Pakistan is the chairman of JCP. On 20th April 2010, 18th Constitutional Amendment was passed in the Parliament. In pursuance of the 18th Amendments, a Judicial Commission was proposed to be created to recommend the appointment of judges of the superior courts.

Copyright Business Recorder, 2019

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