Latest news with #JudicialCommissionofPakistan
Express Tribune
12-04-2025
- Politics
- Express Tribune
Justice Najafi elevated to SC by JCP majority
Listen to article The Judicial Commission of Pakistan (JCP) has approved the nomination of Justice Ali Baqar Najafi to the Supreme Court by a majority vote of 9 to 4. Interestingly, four judicial members of the commission did not support Justice Najafi's elevation to the apex court. The meeting, chaired by Chief Justice of Pakistan Yahya Afridi, was held on Friday. It took up three agenda items, the first being the nomination of a former chief justice or judge from the high courts of Sindh, Balochistan, Peshawar and Islamabad, as outlined in the second proviso to Article 175A(5) of the Constitution. The second item was a request by LHC Senior Puisne Judge Justice Shujaat Ali Khan for the removal of certain remarks and observations from the minutes of the Judicial Commission of Pakistan (JCP) meeting held on July 2, 2024. The third item was considering the appointment of two Lahore High Court (LHC) judges to the apex court. Of the two nominees, only Justice Najafi received the necessary votes for his appointment to the SC. According to sources, a segment of the government was particularly in favour of elevating Justice Shujaat Ali Khan. However, the Pakistan Bar Council (PBC) representative opposed his appointment. Both the government and PTI supported Justice Najafi's nomination to the SC, though four judicial members did not back his elevation. Earlier, the commission, by a majority of its total membership, agreed that the words "negative public perception as to their integrity and reputation amongst the judicial and legal fraternity," used in the minutes dated July 2, 2024, be expunged. During the July 2, 2024, meeting, the JCP had unanimously approved the nomination of Justice Aalia Neelum as the new LHC chief justice, bypassing two senior judges, Justice Shujaat Ali Khan and Justice Ali Baqar Najafi. The JCP had noted that the judges were not suitable or fit to hold the office of the LHC chief justice "largely due to the negative public perception as to their integrity and reputation amongst the judicial and legal fraternity". It said that in a full and frank discussion, all the members of the commission either stated or endorsed the view that "there was a near-universal convergence of negative perception, then any expectancy stood displaced, and the candidature of the nominee ought not to move forward". The JCP minutes further stated that the foundational strength of a judicial institution is public trust. "All members of the commission were of the view that the person who is to be appointed as the chief justice of a high court must possess unchallenged integrity and unblemished reputation." The commission, by a majority of its total membership, has also nominated Justice ® Maqbool Baqar, Justice ® Nazeer Ahmed Langove, Justice ® Mian Shakirullah Jan, and Justice ® Shaukat Aziz Siddiqui as members of the JCP under the second proviso to Article 175A(5) of the Constitution. Meanwhile, it is learnt that the CJP has summoned a meeting of the JCP on April 18 to consider the appointment of chief justices for the Islamabad High Court, Sindh High Court, Peshawar High Court and Balochistan High Court.
Express Tribune
17-03-2025
- Politics
- Express Tribune
CB remains 'inactive' as key legal battles rage on
More than four months since its formation, the constitutional bench has yet to deliver rulings on any critical cases, raising concerns over judicial inertia. On November 4, 2024, the Judicial Commission of Pakistan (JCP) nominated eight judges for the constitutional bench by a majority vote, with government-backed members playing a decisive role in the selection. The bench, led by Justice Aminuddin Khan, was widely expected to rule on the trial of civilians in military courts. However, while it conditionally permitted military courts to issue verdicts in cases related to the May 9 incidents, the bench has yet to conclude proceedings – despite holding 46 hearings. The case is set to resume next month, with Defence Ministry counsel Khawaja Haris stating he requires at least eight more hearings to complete his rebuttal. Moreover, the constitutional bench has also been unable to take up two other crucial cases due to the prolonged hearings in the military courts' case. In January, a bench led by Justice Syed Mansoor Ali Shah raised the question of whether a regular bench could be barred from hearing matters related to the interpretation of the law and the Constitution. Subsequently, the constitutional bench committee scheduled hearings for petitions challenging the 26th Amendment on January 28. However, the eight-member constitutional bench conducted only one hearing before adjourning the matter for three weeks. More than 50 days have passed since, and the case has yet to be scheduled for further proceedings. Similarly, another key case remains pending, the dispute over the seniority of Islamabad High Court (IHC) judges. Five IHC judges have challenged the transfer of three judges from different high courts to the IHC. They have petitioned the Supreme Court, seeking to reclaim their seniority, which was altered following the transfers. The dispute particularly revolves around Justice Sarfraz Dogar from the Lahore High Court (LHC), who became the senior puisne judge, replacing Justice Mohsin Akhtar Kayani. The petitioners argue that the seniority of transferred judges should be determined only after they take a fresh oath. Several bar associations have also challenged these transfers, and PTI has filed a constitutional petition on the same issue. While these petitions have been allotted, they have not yet been scheduled for hearings. Legal experts believe that keeping the status quo in these crucial cases plays into the hands of the executive. Military courts have already passed judgment, and the accused are now serving their sentences – case closed, at least for now. Meanwhile, with the 26th Amendment rolling out without a hitch, the government sees no pressing need to stir the pot. Similarly, the government's blueprint for the IHC is unfolding without a wrinkle. Justice Sardar Sarfraz Dogar holds the fort as acting IHC chief justice, and unlike in the past, the administration is not running into roadblocks on this front. The Karachi Bar Association, through lawyer Faisal Siddiqi, has also challenged the transfer of the three judges to the IHC. The 26th Amendment vests exclusive authority in the constitutional bench to interpret the law and the Constitution, barring regular benches from exercising jurisdiction in this regard. However, the constitutional bench has yet to weigh in on any legal point since November last year, with concerns being that it was high time the bench laid down jurisprudence in public interest matters. Experts have argued that to rein in judicial overreach, the constitutional bench must draw clear lines for the exercise of public interest jurisdiction under Article 184(3) of the Constitution.
Arab News
11-02-2025
- Business
- Arab News
In unprecedented development, Pakistan chief justice meets visiting IMF team
KARACHI: In a rare development on Tuesday, an International Monetary Fund (IMF) delegation visiting Pakistan met the country's chief justice for discussions on judicial reforms, accountability and the recent controversial restructuring of a commission that recommends judges for Pakistan's superior courts. The finance ministry said on Sunday a three-member IMF mission would visit Pakistan in the coming week to conduct a Governance and Corruption Diagnostic Assessment under the country's 2024 Extended Fund Facility program for a $7 billion loan. The ministry said the mission's report would recommend actions for addressing corruption vulnerabilities and strengthening integrity and governance, with the findings helping to shape structural reforms. On Tuesday, the Supreme Court said in a press release the IMF team led by Joel Turkewitz had met with Chief Justice Yahya Afridi. The statement quoted the CJ as saying he would be 'quite guarded' in his comments to the IMF team and the judiciary was 'not used to direct interaction with such missions,' but it was taking place on the request of the finance division. 'He then highlighted key Constitutional developments with respect to the Judicial Commission of Pakistan and reforms, including senior-level judicial appointments, judicial accountability, and the restructuring of the Judicial Commission of Pakistan (JCP). He elaborated on the merits of integrating the judiciary and the parliamentary committee to ensure a more transparent and efficient judicial selection process,' the SC statement said. Discussions during the meeting also centered on judicial accountability and mechanisms for addressing complaints against judges. 'The Chief Justice emphasized the importance of a robust and fair accountability process to uphold the integrity and independence of the judiciary,' the statement said. The finance ministry statement on Sunday had said the focus of the visiting mission would be to 'examine the severity of corruption vulnerabilities across six core state functions.' 'These include fiscal governance, central bank governance and operations, financial sector oversight, market regulation, rule of law, and Anti-Money Laundering and Combating the Financing of Terrorism,' it read. The finance ministry said the IMF had long provided advice and technical assistance to foster good governance such as promoting public sector transparency and accountability. 'Traditionally the IMF's main focus has been on encouraging countries to correct macroeconomic imbalances, reduce inflation, and undertake key trade, exchange, and other market reforms needed to improve efficiency and support sustained economic growth,' the finance ministry said on Feb. 9. 'While these remain its main focus in all its member countries, however the IMF has found that a much broader range of institutional reforms is needed if countries are to establish and maintain private sector confidence and thereby lay the basis for sustained growth.' The IMF identified that promoting good governance in all its aspects, including ensuring the rule of law, improving the efficiency and accountability of the public sector, and tackling corruption, 'are essential elements of a framework within which economies can prosper,' the ministry said, welcoming the IMF's technical support and saying the assessment would aid efforts to promote transparency and institutional capacity. The South Asian country, currently bolstered by a $7 billion IMF facility granted in September, is navigating an economic recovery. The IMF is set to review Pakistan's progress by March, with the government and central bank expressing confidence about meeting its targets.
Express Tribune
10-02-2025
- Politics
- Express Tribune
JCP appoints six new Supreme Court judges
The Judicial Commission of Pakistan has approved the appointment of six judges to the Supreme Court, including the elevation of the chief justices of three high courts, in a key decision expected to shape the country's judicial landscape. Among the nominees are Balochistan High Court Chief Justice Hashim Khan Kakar, Sindh High Court Chief Justice Shafi Siddiqui, and Islamabad High Court Chief Justice Aamer Farooq. Their inclusion strengthens the Supreme Court's bench with experienced legal minds from across the country. The approval follows deliberations within the commission, which is responsible for vetting and confirming judicial appointments. The revamped JCP met on Monday. It was expanded through the 26th Constitutional Amendment. The 13-memner JCP is led by the chief justice of Pakistan, and includes four judges of the apex court, as well as parliamentarians from both treasury and opposition and others. The Judicial Commission of Pakistan (JCP) convened on Monday to consider the elevation of eight high court judges to the Supreme Court despite calls from some judges and sections of the legal community to defer the meeting. In the last few days, four Supreme Court judges and five IHC judges, besides JCP member Senator Ali Zafar, wrote separate letters to Chief Justice Afridi to postpone the JCP meeting until decisions on the pending appeals against 26th Amendment and the new seniority list of the IHC judges. The All Pakistan Lawyers Action Committee (APLAC), which represented the lawyers, who opposed the 26th Amendment, in a statement endorsed the demand of the four judges abouot postponement of JCP meeting and delaying the appointment of the new judges. The statement, signed by several former presidents and office-bearers of the Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) and other bars, including Muneer A. Malik, Hamid Khan, Ali Ahmed Kurd, Qazi Anwar, Abid Zuberi, vowed to defend the independence of the judiciary. Meanwhile lawyers have been divided on the issue of elevating judges to the Supreme Court. Some argued that the process should be postponed until the court challenges to the 26th Constitutional Amendment are resolved. The lawyers staged a protest in the federal capital city that led to the suspension of Metro bus services on several routes between Islamabad and Rawalpindi, causing significant inconvenience to commuters. Authorities also sealed off the sensitive Red Zone in the federal capital in response to the protest.
