Court Commission MP goes down over appointment ‘controversy’

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Senior Supreme Court spokesman Akhtar Hussain has resigned from his position as a member of the Legal Commission in Pakistan (JCP), referring to concern about controversy about legal appointments.

Hussain, nominated three times by Pakistan Bar Council (PBC), presented his resignation to Chief Justice Yahya Afridi, who leads the commission.

In his letter, he expressed dissatisfaction with the recent selection process for the Supreme Court’s judges.

“In the current controversy with regard to legal appointments, I am unable to continue and hereby resign as a member of JCP,” he wrote, requesting the PBC to nominate a new representative in his place.

Despite pulling down, Hussain assured his continued support for judicial independence and democratic institutions.

Departure comes shortly after JCP appointed six new judges to the Supreme Court, a step that triggered criticism from some legal and political circles.

Pakistan Tehreek-E-Insaf (PTI) legislators and two senior Supreme Court judges died the process and raised questions about its transparency.

Earlier this month, the legal commission sought nominations from high courts across the country and asked for lists of five senior judges from each.

However, disputes about seniority and transfers – especially in Islamabad High Court (IHC) – to internal dissent.

A group of IHC judges formally challenged the revised seniority list and argued that a recently transferred judge should be placed at the bottom of the list instead of being considered for immediate promotion.

Hussain’s departure is the latest challenge for the 13-member legal commission, which was restructured in accordance with the 26th constitutional amendment to include four legislators.

The Commission, President of the Chief Justice of Pakistan, is responsible for appointing judges to the Supreme Court, high courts and Federal Shariat Court.

Departure has resumed debates on independence and transparency in legal appointments in Pakistan.

Legal experts and bar councils have long called for reforms to the process and argued that it must be more structured and credit -based to maintain the credibility of the judiciary.

Previously, opposition leader Omar Ayub – who was among four legislators who were nominated for JCP members – were also offered his resignation, which further highlighted the growing tensions of the Commission.

With Hussain’s exit, Pakistan Bar Council is expected to nominate a replacement in the coming days.

Meanwhile, the controversy of judicial appointments probably remains a contentious question in Pakistan’s legal and political landscape.

In addition, Islamabad High Court Bar Association had filed a new petition in the Supreme Court last week, challenging the president’s authority to transfer judges without justification for general interest.

This marks the other major challenge for judicial transfers in recent days.

The petition has been submitted in accordance with Article 184 (2).

It claims that judicial transfers should occur only in the public interest.

The petition follows a similar step from five judges from Islamabad High Court (IHC) has filed a petition in the Supreme Court in Pakistan that challenges legal transfers and their influence on seniority.

The 49-page constitutional petition filed in accordance with Article 184 (2).

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