Islamabad:
The chief judge of Pakistan (CJP) Yahya Afridi summoned a meeting of the Judicial Commission of Pakistan (JCP) – on April 8 – to appoint two new judges from the Supreme Court from five appointments received from the High Court of Lahore (LHC).
According to the agenda of Reunion, two new SC judges will be chosen from the five highest judges of LHC.
The JCP will also examine the request of the judge then senior LHC – Shujaat Ali Khan – for exploring the remarks / observations contained in the report of the JCP meeting held on July 2, 2024.
During this meeting, the JCP unanimously approved the appointment of judge Aalia Neelum as a new LHC chief judge by ignoring two superior judges – Justice Shujaat Ali Khan and judge Ali Baqar Najafi.
The JCP had noted that the judges were not adapted and capable of occupying the office of the chief of the LHC “” largely because of the perception of the negative public as to their integrity and their reputation among the judicial and legal fraternity “.
He said that in a complete and frank discussion, all members of the Commission declared or approved the opinion that “there was an almost universal convergence of negative perception, while all hope was moved, and the candidate of the candidate should not go ahead”.
The JCP report declared that the fundamental force of a judicial institution is the confidence of the public. “All members of the commission were of the opinion that the person who must be appointed chief judge of a high court must have an undisputed integrity and a spotless reputation.”
Munib Akhtar judge, a member of the JCP, noted that the Trust Al-Jehad affair had established a constitutional law rule and was a binding precedent.
However, the legitimate hope, although the creation of a high threshold could be moved, if there were contrary convincing reasons.
Judge Yahya Afridi had stressed that the two judges of most LHCs were not judged fit for the elevation at the Supreme Court of Pakistan at the previous meeting of the JCP dated June 7; Therefore, they should not now be considered for appointment as LHC chief judge.
“The president (former CJP Qazi Faez Isa) said that he could personally comment on the integrity and reputation of the first two gentlemen.
“However, with regard to judge Shujaat Ali Khan, he was disappointed with his limited work experience and that his production was also disappointing.
“A reference was also made to some of his judgments which were put aside by the Supreme Court because the established legal principles were not followed.
“With regard to judge Ali Baqar Najafi, the president / CJP ISA referred to his decision in a large number of cases of electricity tariff in which competence has been assumed without legal / constitutional justification.
“”[This decision was] Cancel, however, following the unjustified assumption of competence [while] An astronomical loss was caused to the public chessboard. “”
Citing CJ Isa, he said that judgments of Judge Najafi had the potential to derail the general elections of February 8 in addition to having an extraterritorial effect – a decision also canceled by the SC.
“A reference was also made to [Justice Najafi] Require installations of the Protocol of the Ministry of Foreign Affairs at airports abroad for his adult son, “he added.
On April 8, the Commission will also examine the appointment of a former chief judge / judge of the High Court of the Sindh, the High Court of Balutchistan, the High Court of Peshawar and the High Court of Islamabad under the second reserve in article 175a (5) of the Constitution of Pakistan.
The PML-N in place directed the coalition government increased the total force of the SC judges from 17 to 34 to the 26th constitutional amendment. Currently, 22 permanent judges work in SC.
