The main lawyer of the Akhtar Hussain Supreme Court resigned his position as a member of the Judicial Commission of Pakistan (JCP), citing concerns about the controversies surrounding the judicial appointments.
Hussain, who was nominated three times by the Council of the Pakistan Bar Association (PBC), presented his resignation to the President of the Supreme Court Yahya Afridi, who directs the commission.
In his letter, he expressed dissatisfaction with the recent selection process for the judges of the Supreme Court.
“On current controversies regarding judicial appointments, I cannot continue and, therefore, to resign as a member of JCP,” he wrote, asking the PBC to nomine a new representative instead.
Despite giving up, Hussain assured his continuous support for judicial independence and democratic institutions.
The resignation occurs shortly after the JCP appointed six new judges for the Supreme Court, a measure that caused criticism of some legal and political circles.
The legislators of Pakistan Tehreek-E-Insaf (PTI) and two judges of the high-level Supreme Court boycotted the process, asking questions about their transparency.
Earlier this month, the Judicial Commission requested nominations of the superior courts throughout the country, asking for lists of five senior judges of each.
However, disputes over antiquity and transfers, particularly in the Superior Court of Islamabad (IHC), led to internal dissent.
A group of IHC judges formally questioned the revised seniority list, arguing that a recently transferred judge should be placed at the bottom of the list instead of being considered for the immediate promotion.
Hussain’s departure is the last challenge for the judicial commission of 13 members, which was restructured under the 26th constitutional amendment to include four legislators.
The Commission, chaired by the President of the Court Justice of Pakistan, is responsible for appointing judges for the Supreme Court, the Superior Courts and the Federal Court of the Shariat.
The resignation has revived debates about the independence and transparency of judicial appointments in Pakistan.
Legal experts and law advice have long requested reforms to the process, arguing that it must be more structured and based on merit to maintain the credibility of the Judiciary.
Previously, the opposition leader, Omar Ayub, who was among the four legislators nominated as members of JCP, also presented his resignation, even more highlighting the growing tensions within the commission.
With Hussain’s departure, the Pakistan Bar Association is expected to nomine a replacement in the next few days.
Meanwhile, it is likely that the controversy about judicial appointments remains a controversial issue within Pakistan’s legal and political panorama.
In addition, the Bar Association of the Superior Court of Islamabad had presented a new request in the Supreme Court last week, challenging the president’s authority to transfer the judges without justification of public interest.
This marks the second great challenge for judicial transfers in recent days.
Filed under article 184 (3) by the president of the Bar Association, Riasat Ali Azad, the petition maintains that the President has no unlimited powers under article 200 (1) of the Constitution to reallow the judges among the courts superiors.
He argues that judicial transfers should only occur in public interest.
The petition follows a similar movement of five judges of the Superior Court of Islamabad (IHC) has presented a petition in the Supreme Court of Pakistan, challenging judicial transfers and their impact on antiquity.
The constitutional request of 49 pages, presented by virtue of article 184 (3) through higher lawyers Munir A. Malik and Barríster Salahuddin, argues that the president of Pakistan used article 200 (1) when annulled the authority of the commission of the commission Judicial in the transfer of judges.
