ISLAMABAD: On April 8, Yahya Afridi, the Chief Justice of Pakistan (CJP), called a meeting of the Judicial Commission of Pakistan (JCP) to select two new justices for the Supreme Court from a pool of five nominees submitted by the Lahore High Court (LHC).
The meeting’s agenda states that two new SC judges would be chosen from among the five most senior LHC judges.
The LHC senior puisne judge Shujaat Ali Khan’s plea to have the comments and observations from the Judicial Commission of Pakistan meeting minutes on July 2, 2024, expounded will also be taken into consideration by the Judicial Commission of Pakistan .
By disregarding two senior judges, Justices Shujaat Ali Khan and Ali Baqar Najafi, the Judicial Commission of Pakistan unanimously endorsed the candidacy of Justice Aalia Neelum as the new LHC chief justice during that meeting.
The judges’ unfavorable public view of their integrity and repute among the judicial and legal community was a major factor in the JCP’s assessment that they were unfit to serve as the LHC chief justice.
All of the commission members expressed or agreed with the statement that “there was a near universal convergence of negative perception then any expectancy stood displaced, and the candidature of the nominee ought not to move forward” after a thorough and candid discussion.
According to the Judicial Commission of Pakistan minutes, public trust is a judicial institution’s fundamental strength. “All members of the commission were of the view that the person who is to be appointed as the chief justice of a high court must possess unchallenged integrity and unblemished reputation.”
The Al-Jehad Trust decision established a substantive norm of constitutional law and constituted a binding precedent, according to Judicial Commission of Pakistan member Justice Munib Akhtar.
However, if there were strong arguments against it, the reasonable expectation may be replaced by setting a high barrier.
The two senior LHC justices should not be considered for nomination as the LHC chief justice because, as Justice Yahya Afridi had noted in the previous Judicial Commission of Pakistan meeting on June 7, they were deemed unfit for elevation to the Supreme Court of Pakistan.
“The chairman, former CJP Qazi Faez Isa, said he was unable to remark on the first two gentlemen’s character and honesty personally.
But in the case of Justice Shujaat Ali Khan, he was dissatisfied with both his lack of job experience and his subpar results.
“A few of his rulings that the Supreme Court overturned due to a failure to adhere to established legal standards were also mentioned.
Regarding Justice Ali Baqar Najafi, Chairman/CJP Isa cited his ruling in numerous cases involving energy tariffs where jurisdiction was claimed without constitutional or legal basis.
“[This decision was] set aside, however, as a consequence of the said unjustified assumption of jurisdiction [while] an astronomical loss was caused to the public exchequer.”
Citing CJ Isa, it stated that in addition to having an extraterritorial effect, one of Justice Najafi’s rulings had the potential to sabotage the general elections scheduled for February 8; the SC also overturned this decision.
“Reference was also made to [Justice Najafi] requiring from the Foreign Ministry protocol facilities at airports abroad for his adult son,” it said.
In accordance with the second proviso of Article 175A(5) of the Pakistani Constitution, the panel will also examine on April 8 the nomination of a former chief justice or judge of the Sindh High Court, the Balochistan High Court, the Peshawar High Court, and the Islamabad High Court.
With the 26th Constitutional Amendment, the current coalition government led by the PML-N expanded the number of SC judges from 17 to 34. There are 22 permanent judges in the SC at the moment.
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NEWSON – Judicial Commission of Pakistan to Appoint Two New Supreme Court Judges on the 8th
1. What is the Judicial Commission of Pakistan ?
The Judicial Commission of Pakistan is a constitutional body responsible for nominating and recommending judges for appointment to the Supreme Court (SC), High Courts, and Federal Shariat Court.
2. When will the Judicial Commission of Pakistan select the new Supreme Court judges?
The Judicial Commission of Pakistan meeting is scheduled for April 8, 2024, where it will finalize the appointment of two new Supreme Court judges.
3. How many candidates are being considered for the Supreme Court positions?
There are five nominees under consideration for the two vacant positions in the Supreme Court. These nominees have been put forward by the Lahore High Court (LHC).
