Islamabad:
With the 26th constitutional amendment at stake, the executive seized the reins of judicial appointments, fueling the concerns of “judicial packaging” in the higher judicial power.
The Pakistan Judicial Commission (JCP) has been reconstructed under the controversial constitutional modification, firmly displacing the balance of powers in favor of the government, which now calls for the judicial selections.
The decisions are now made by majority vote, giving the executive a free hand to shape the judiciary.
This is a clear break in past practices, because before, under the 18th amendment, the majority within the JCP was made up of judges, ensuring greater judicial independence.
However, the current alignment of the independent group of PML-N, PPP and Pakistan Bar Council led to a unified front within the Commission, guaranteeing fluid navigation for the judicial choices of the government, with the blessing of “ ` powerful circles ”.
Until now, the JCP has approved the appointments of 12 judges at the High Court of Sindh (SHC), three at the High Court of Balutchistan and two at the High Court of Islamabad (CIC). The judges were also selected for the constitutional benches at the Supreme Court and the SHC.
Legal experts believe that the government has successfully installed the majority of its favorite judges in SHC and CIH. However, JCP judicial members remain divided.
In particular, Judge Aminuddin Khan, member of the JCP, did not support the proposal for a chief judge of Pakistan (CJP) Yahya Afridi to appoint all the judges of the Supreme Court for the Constitutional Bench. Instead, with the support of representatives of executives and bars, he became the first chief of the constitutional bench.
The next JCP meeting, scheduled for February 1, will examine the appointments for the judges of the High Court of Peshawar, followed by a session on February 7 to examine the appointments of the High Court of Lahore.
In addition, on February 11, the Commission will appoint eight judges from the Supreme Court – a process which should again promote candidates supported by leaders.
Meanwhile, it appeared that one or two judges of the senior provincial lessons could soon be transferred to the IHC to facilitate the appointment of a new CIH chief judge after the planned elevation of the IHC CJ Aamer Farooq current.
The executive should ensure that a candidate for similar views takes the position.
The government remains uncomfortable on six CIH judges who previously wrote to the Supreme Judicial Council (SJC), asking for advice on the presumed interference of the agency in legal functions concerning large -scale affairs. None of these judges should be taken into account for the next IHC chief judge.
Before the 26th amendment, the chief judge played a dominant role in the process of judicial appointment, a system established under the 18th constitutional amendment.
