ISLAMABAD:
Despite the rules governing the new Judicial Commission of Pakistan (JCP), the appointment of superior court judges on the basis of merit remains the biggest challenge for the judiciary.
Lawyers are concerned that with the passage of the 26th Amendment, the influence of political parties has increased in the nomination process, leading to a situation in which either the stakeholders will compromise or the JCP will decide on appointments regardless of their skills.
Former Sindh High Court Bar Association (SCBA) President Barrister Salahuddin Ahmed said the appointment of judges by the JCP should be a carefully considered assessment of legal acumen, integrity and credentials of each candidate, balanced against the institutional needs of each court.
He said there was definitely a need to improve and better structure the process ahead of the 26th Amendment.
“After the Amendment, however, and looking at all the nominations that have been made for the various high courts, it is clear that these are free-for-all elections accompanied by lobbying among the candidates proposed by the judges, candidates proposed for political office, affiliations and candidates proposed by certain members of the JCP at the request of intelligence agencies The established rules do not provide for appropriate scrutiny, and given the composition of the JCP after the 26th Amendment, it seems clear that candidates proposed by political parties and intelligence agencies must enjoy primacy,” says lawyer Salahuddin Ahmed.
Lawyer Hafiz Ehsaan Ahmad Khokhar commented that the major legal change in the composition and functions of the judicial commission was achieved by amending Article 175A of the Constitution dealing with appointment and elevation in the higher judiciary through the recent 26th Constitutional Amendment, and by further authorizing all members of the Judiciary Committee to apply for this nomination process. But since 2010, this was only the prerogative of the chief justice concerned.
He further said that it had always been emphasized before this amendment that the appointment and elevation of judges should be streamlined and transparent to all stakeholders in the judiciary and bar associations of Pakistan. It is thanks to this transparency that Parliament will be able to achieve such a composition process.
However, Khokhar said that although the amendment was introduced recently, reservations were also simultaneously expressed from some quarters about initiating such an appointment process. “However, it is now legal, and the constitutional responsibility of the JCP, to decide and recommend such appointments from the current list at its first meeting.”
He added that the commission must decide who has the best legal training, who is respected in the legal fraternity due to his professional work, and who maintains a strong legal position with a significant number of cases and a good number of judgments reported both before the high courts and before the tribunals. the Supreme Court.
Khokhar also said that appointment of competent judges was the need of the hour. He again emphasized that this was the responsibility of the Judicial Commission of Pakistan.
The lawyer concluded that the appointment of competent judges must be considered a sacred mandate granted to the JCP by the Constitution.
“The only objective is the supremacy of law and immediate justice, without fear or favor to the people of Pakistan, which would result in a better position of the judiciary among other countries of the world.”
