Islamabad:
Akhtar Hussain – A Supreme Court’s main lawyer who represents the Bar of the Pakistan Judicial Commission (JCP) – has resigned from its member of the Commission, citing concerns about “controversies surrounding judicial appointments”.
Hussain, who was appointed three times by Pakistan Bar Council (PBC) to the JCP, submitted his resignation to the chief judge of Pakistan Yahya Afridi, who also heads the commission. His two -year mandate at the JCP was going to end in July 2025. In his letter, he expressed his dissatisfaction with the process adopted for the elevation of six other judges at the Apex Court.
“On current controversies with regard to legal appointments, I am unable to continue and, by this, resign as a member of the JCP,” he wrote, asking the PBC to appoint a new representing in its place. Hussain, however, ensured its continuous support for judicial independence and democratic institutions.
The resignation occurred shortly after the JCP appointed six new judges to the SC, a decision which aroused criticism of certain legal and political circles. Speaking to L’Express PK Press Club, Hussain raised questions about recent appointments before the higher courts.
He said that nothing had changed in the appointment process after the 26th constitutional amendment.
“Previously, the chief judges played a dominant role in the appointment process and now the executive has regained control of the Commission.
Hussain has deplored that no effort is made to develop a consensus on candidates.
“A committee should have been trained to preselect the judicial candidates on merit and develop a consensus among the members of the JCP. Instead of making decisions on merit, decisions are made on the basis of the majority during the JCP meeting, “he added.
We learn that a PBC meeting is scheduled for February 26 to appoint a new bargain representative for the JCP. It is likely that Hsan Bhoon will be nominated as a new member of the JCP.
According to sources, the independent group which is in the majority in higher bars was upset by Akhtar Hussain because of its decision to oppose the proposal concerning the elevation of two judges of the High Court of Lahore (LHC) at the Supreme Court.
He had also expressed his concern about the transfer of LHC Sardar Muhammad Sarfraz Dogar judge to the High Court of Islamabad. He had also dissipated the elevation of judge Aamer Farooq to SC until a judicial decision on the seniority of the judges of the IHC.
After the meeting of the JCP on February 10, Hussain had no choice but to follow the group’s directives or to submit his resignation. However, lawyers who criticize the 26th constitutional amendment believe that damages have already been caused because 43 judges have been appointed before higher courts.
The JCP by a majority vote had selected eight judges for the constitutional bench (CB) of SC. The judge, who was number 9 on the seniority list of the high court of the Sindh, was appointed chief of the CB.
Akhtar Hussain had supported all of these JCP decisions, which seriously damaged the independence of the judiciary. PTI legislators and two Supreme Senior Court judges boycotted the JCP meeting on February 10, which raised questions about its transparency.
