Islamabad:
Akhtar Hussain – a senior Supreme Court’s lawyer representing the bar at the Legal Commission in Pakistan (JCP) – has resigned as a member of the Commission, with reference to “controversy about legal appointments”.
Hussain, nominated three times by Pakistan Bar Council (PBC) to JCP, presented his resignation to Chief Justice of Pakistan Yahya Afridi, who also leads the Commission. His two -year period at JCP was to end in July 2025. In his letter he expressed dissatisfaction with the process adopted for an increase of another six judges to the point of view.
“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. However, Hussain assured his continued support for judicial independence and democratic institutions.
Departure came shortly after JCP appointed six new judges for SC, a step that triggered criticism from some legal and political circles. When he spoke with Express Pakinomist, Hussain raised questions about the recent appointments in the overall courts.
He said nothing had changed in the appointment process after the 26th constitutional amendment.
“In the past, Chief Justices had a dominant role in the appointment process, and now the exercise has taken over control of the Commission.
Hussain complained that no efforts are being made to develop agreement on nominees.
“A committee should have been set up to brief the judicial candidates on profits and develop agreement among the JCP members. Instead of making decisions on profits, decisions are made on the basis of a majority during the JCP meeting,” he added.
It is learned that a PBC meeting is scheduled for February 26 to nominate a new bar representative for JCP. Ahsan bhoon is likely to be nominated as the new JCP member.
According to sources, the independent group, which is a majority in the overall bars, was upset over Akhtar Hussain because of his decision to oppose the proposal for the elevation of two Lahore High Court (LHC) judge to the point of view.
He had also expressed concern about the transfer of LHC’s justice Sardar Muhammad Sarfraz Dogar to Islamabad High Court. He had also separated to the height of Justice Aamer Farooq for SC until a judicial decision on the seniority of IHC judges.
After the JCP meeting on February 10, Hussain had no choice but to follow the group’s guidelines or bids on his resignation. Lawyers who are critical of the 26th constitutional change, however, believe that harm has already been done as 43 judges have been appointed superior courts.
JCP with a majority vote had chosen eight judges for the constitutional bench (CB) on sc. The judge, who was number 9 on the seniority list for Sindh High Court, was nominated as head of CB.
Akhtar Hussain had supported all these JCP decisions that severely damaged the independence of the judiciary. The PTI legislators and two senior Supreme Court judges had the Boikotted JCP meeting on February 10 and raised questions about its transparency.