ISLAMABAD:

Despite framing of rules for the new Judicial Commission of Pakistan (JCP), the merit-based appointment of superior court judges remains the biggest challenge for the judiciary.

Lawyers express concern that with the passage of the 26th Amendment, the influence of political parties has grown in the appointment process, leading to a situation where either stakeholders will compromise or the JCP will decide appointments regardless of competence.

Former president of the Sindh High Court Bar Association (SCBA) Barrister Salahuddin Ahmed has said that the JCP’s appointment of judges should be a carefully considered assessment of each candidate’s legal acumen, integrity and credentials balanced against the institutional needs of each court.

He said there was definitely a need to improve and better structure the process ahead of the 26th Amendment.

“After the change, looking at all the nominations that have been made to various high courts, it is clear that it has become a free-for-all election accompanied by lobbying among candidates proposed by judges, candidates proposed for their political affiliations and candidates proposed by some JCP members at the behest of intelligence agencies the composition of the JCP after the 26th amendment, it seems clear that candidates proposed by political parties and intelligence agencies must enjoy precedence,” says lawyer Salahuddin Ahmed.

Advocate Hafiz Ehsaan Ahmad Khokhar commented that the major legal shift in the composition and functions of the Judicial Commission was made by amending Article 175A of the Constitution dealing with appointment and elevation in the Supreme Judiciary through the recent 26th Constitutional Amendment and by further allowing all members of the Judicial Commission to submit their nominations for such appointment process. Since 2010, however, this has only been the prerogative of the Chief Justice in question.

He further stated that prior to this amendment, it had always been emphasized that the appointment and elevation of judges should be streamlined and transparent to all stakeholders in the judicial and bar associations of Pakistan. It was through this transparency that Parliament would be able to achieve such a composition process.

However, Khokhar stated that though the change has been introduced recently, at the same time, reservations have been raised from certain quarters in initiating such a nomination process. “However, now it is legal and the constitutional responsibility of the JCP to decide and recommend such nominations from among the current slate at its maiden meeting.”

He added that the commission must determine who has the best legal background, is respected in the legal fraternity for their professional work and maintains a solid legal standing with a significant number of cases and a large number of reported judgments both at the High Courts and the Supreme Court. .

Khokhar also stated that the appointment of capable judges was the need of the hour. He again emphasized that this was the responsibility of the Judicial Commission of Pakistan.

The lawyer concluded that the appointment of capable judges should be seen as a sacred trust that the constitution gives to the JCP.

“The sole objective is the rule of law and immediate justice without fear and favor to the people of Pakistan, resulting in a better standing of the judiciary among the other countries of the world.”