Islamabad:
Akhtar Hussain, a senior lawyer of the Supreme Court that represents the Bar Association of the Judicial Commission of Pakistan (JCP), has resigned as a member of the Commission, citing concerns about “controversies surrounding the judicial appointments.”
Hussain, who was nominated three times by the Council of the Pakistan Bar Association (PBC) to the JCP, presented his resignation to the President of the Supreme Court of Pakistan Yahya Afridi, who also directs the commission. His two -year mandate in the JCP was going to end in July 2025. In his letter, he expressed dissatisfaction with the process adopted for the elevation of six more judges to the Apex court.
“On current controversies with respect to judicial appointments, I cannot continue and, therefore, to resign as a member of the JCP,” he wrote, asking the PBC to nomine a new representative instead. Hussain, however, assured his continuous support for judicial independence and democratic institutions.
The resignation occurred shortly after the JCP appointed six new judges for the SC, a movement that caused criticism of some legal and political circles. Speaking to the Express PAkGazette, Hussain raised questions about recent appointments in the higher courts.
He said nothing had changed in the appointment process after the 26th constitutional amendment.
“Previously, the main judges had a dominant role in the appointment process and now the Executive has taken charge of the control of the commission.
Hussain regretted that no effort is being made to develop consensus on the nominees.
“A committee should have formed to present a list of judicial candidates on merit and evolve consensus among JCP members. Instead of making decisions for merit, decisions are made on the basis of the majority during the JCP meeting” , he added.
It is known that a PBC meeting is scheduled for February 26 to nominate a new bar representative for the JCP. Ahsan Bhoon is likely to be nominated as the new JCP member.
According to the sources, the independent group, which is a majority in the upper bars, was upset with Akhtar Hussain due to its decision to oppose the proposal regarding the elevation of two judges of the Superior Court of Lahore (LHC) before the Court of Apex.
He had also expressed concern about the transfer of LHC judge, Sardar Muhammad Sarfraz, to tell the Superior Court of Islamabad. He had also disagreed with the elevation of Judge Aamer Faooq to the SC until a judicial decision on the antiquity of IHC judges.
After the JCP meeting of February 10, Hussain had no choice but to follow the group guidelines or present their resignation. However, lawyers who criticize the 26th constitutional amendment believe that the damage has already been done as 43 judges have been appointed to the higher courts.
The JCP for a majority vote had selected eight judges for the Constitutional Bank (CB) of the SC. The judge, which was the number 9 on the age of the Superior Court of Sindh, was nominated as head of the CB.
Akhtar Hussain had supported all these JCP decisions, which damaged the independence of the Judiciary. The legislators of PTI and two judges of the high -level Supreme Court had boycotted the JCP meeting of February 10, asking questions about their transparency.
