ISLAMABAD:
Despite the rules structuring the new Judicial Commission of Pakistan (JCP), merit-based appointment of high court judges remains the biggest challenge for the judiciary.
Lawyers express concern that with the passage of the 26th Amendment, the influence of political parties has increased in the appointment process, leading to a situation where interested parties will reach agreements or the JCP will decide the appointments regardless of their competence.
Former president of Sindh High Court Bar Association (SCBA) Barrister Salahuddin Ahmed has said that the appointment of judges by the JCP should be a carefully considered assessment of the legal acumen, integrity and credentials of each candidate, balanced with the institutional needs of each court.
He said there was certainly a need to improve and better structure the process leading up to the 26th Amendment.
“However, after the Amendment, and considering all the nominations that have been made for different high courts, it is clear that they have become free elections accompanied by lobbying between the candidates proposed by the judges, the candidates proposed by their interests political affiliations and candidates proposed by some members of the JCP at the behest of intelligence agencies The rules formulated do not provide for adequate scrutiny and given the composition of the JCP post-26th Amendment, it seems clear that the candidates proposed by the political parties and intelligence services. agencies will have primacy,” says lawyer Salahuddin Ahmed.
Lawyer Hafiz Ehsaan Ahmad Khokhar commented that the most important legal change in the composition and functions of the judicial commission was achieved by amending Article 175A of the Constitution dealing with appointment and promotion in the higher judiciary through the recent 26th Amendment Constitutional, and by also allowing all members of the judicial commission to present their nominations for said appointment process. However, since 2010 this was only the prerogative of the president of the Supreme Court in question.
He further said that before this amendment it had always been emphasized that the appointment and promotion of judges should be simplified and transparent to all stakeholders of the judiciary and bar associations of Pakistan. It was through this transparency that parliament could arrive at such a composition process.
However, Khokhar stated that although the amendment was introduced recently, at the same time some quarters also expressed reservations about starting such a nomination process. “However, it is now the legal and constitutional responsibility of the JCP to decide and recommend such nominations among the current list at its inaugural meeting.”
He added that the commission must decide who has the best legal training, is respected in the legal community for his professional work and maintains a solid legal position with an important case file and a good number of rulings reported before both the high courts and the Court Supreme.
Khokhar also asserted that appointment of capable judges was the need of the hour. He again stressed that this was the responsibility of the Judicial Commission of Pakistan.
The lawyer concluded that the appointment of competent judges should be seen as a sacred trust granted to the PCJ by the Constitution.
“The only objective is supremacy of law and instant justice, without fear and without favor to the people of Pakistan, which will result in better position of judiciary among other countries of the world.”
