Islamabad:
The president of the Supreme Court of Pakistan (CJP) Yahya Afridi has convened a meeting of the Judicial Commission of Pakistan (JCP) on April 8, to appoint two new judges of the Supreme Court among five nominations received from the Superior Court of Lahore (LHC).
According to the agenda of the meeting, two new SC judges will be elected among the five most senior judges of LHC.
The JCP will also consider the request of the judge of Puisne senior of LHC, Shujaat Ali Khan, for the expulsion of comments/observations contained in the minutes of the JCP meeting held on July 2, 2024.
During that meeting, the JCP had unanimously approved the nomination of Judge Aalia Neelum as the new president of the Supreme Court of LHC by ignoring two senior judges: the Justice Shujaat Ali Khan and Judge Ali Baqar Najafi.
The JCP had pointed out that the judges were not adequate and suitable to hold the position of the president of the Supreme Court of LHC “in large part due to negative public perception regarding their integrity and reputation between the judicial and legal fraternity.”
He said that in a complete and frank discussion, all members of the commission declared or supported the opinion that “there was an almost universal convergence of negative perception that any expectation moved, and the nominated candidacy should not advance.”
JCP’s minutes declared that the fundamental force of a judicial institution is public confidence. “All members of the commission were of the opinion that the person who must be appointed as president of the Superior Court of a Superior Court must possess integrity without control and an impeccable reputation.”
Judge Munib Akhtar, a member of the JCP, had indicated that Al-Jehad’s trust had established a substantive rule of constitutional law and was a binding precedent.
However, the legitimate expectation, although creating a high threshold could be displaced, if there were convincing reasons otherwise.
Judge Yahya Afridi had pointed out that the two most senior judges of LHC were not considered suitable for the elevation to the Pakistan Supreme Court at the previous meeting of the JCP dated June 7; Therefore, now they should not be considered for appointment as the president of the Supreme Court of LHC.
“The president (former CJP Qazi Faez Isa) declared that he could not comment on the integrity and reputation of the first two knights.
“However, with respect to Judge Shujaat Ali Khan, he was disappointed with his limited work experience and that his production was also disappointing.
“Reference was also made to a couple of their judgments that were annulled by the Supreme Court because the established legal principles were not followed.
“With respect to Judge Ali Baqar Najafi, the president/CJP Isa referred to his decision in a large number of cases of electricity rates in which the jurisdiction was assumed without legal/constitutional justification.
“[This decision was] However, set aside, as a consequence of said unjustified jurisdiction [while] An astronomical loss was caused to the public treasure. “
Citing CJ Isa, he said that another of Judge Najafi’s judgments had the potential to derail the general elections of February 8 in addition to having an extraterritorial effect, a decision also annuling the SC.
“Reference was also made to [Justice Najafi] Require the protocol facilities of the Ministry of Foreign Affairs at airports abroad for your adult son, “he added.
On April 8, the Commission will also consider the nomination of a former president of the Superior Court of Sindh, the Superior Court of Baluchistan, the Superior Court of Peshawar and the Superior Court of Islamabad under the second condition of article 175a (5) of the Constitution of Pakistan.
The Government of the coalition led by PML-N increased the total force of SC judges from 17 to 34 to the 26th constitutional amendment. Currently, 22 permanent judges are working in SC.
