JCP to select another two SC -judges on the 8th

Islamabad:

Chief Justice of Pakistan (CJP) Yahya Afridi has convened a meeting of the Judicial Commission of Pakistan (JCP) – on April 8 – to appoint two new Supreme Court judges among five nominations received from Lahore High Court (LHC).

According to the meeting’s agenda, two new SC judges will be selected among the five senior most LHC judges.

JCP will also consider the request of the LHC Senior Puisne -Judge – Shujaat Ali Khan – for the deportation of comments/observations contained in the protocol of the JCP meeting held on July 2, 2024.

During this meeting, JCP had unanimously approved the nomination of Justice Aalia Neelum as the new LHC chef by ignoring two senior judges – justice Shujaat Ali Khan and Justice Ali Baqar Najafi.

JCP had noticed that the judges were not suitable and suitable for keeping the office of the LHC chief of law “largely because of the negative public perception of their integrity and reputation among the legal and legal fraternity”.

It said in a full and honest discussion that all members of the Commission either declared or approved the view that “there was an almost universal convergence of negative view, then any expected staggered and the nominated candidate should not move on”.

The JCP protocol stated that the basic strength of a legal institution is public trust. “All members of the Commission were of the opinion that the person appointed as the Supreme Court of a Supreme Court must have undisputed integrity and unnoticed reputation.”

Justice Munib Akhtar, a member of JCP, had noticed that the al-Jehad Trust case had established a material rule of constitutional law and was a binding precedent.

However, the legitimate expectation could, however, to create a high threshold being offset if there were compelling reasons to the opposite.

Justice Yahya Afridi had pointed out that the two senior that most LHC judges were not considered suitable for the height of the Supreme Court in Pakistan in the previous meeting of JCP dated June 7; Therefore, they should not now be regarded as an appointment as the LHC higher.

“The President (formerly CJP Qazi Faez Isa) declared that he personally could not comment on the integrity and reputation of the first two gentlemen.

“However, in terms of justice, he was disappointed with his limited work experience and that his output was also disappointing.

“A few of his judgments were also referred to by the Supreme Court because of the Legal Principles were not followed.

“As for justice Ali Baqar Najafi, the President/CJP ISA referred to his decision in a large number of electricity star riffs, where jurisdiction was assumed without legal/constitutional justification.

“[This decision was] However, set aside as a consequence of the said unjustified assumption of jurisdiction [while] An astronomical loss was caused by public tax. “

With reference to CJ ISA, it said that another of Justice Najafi’s judgments had the potential to derail the February 8 elections in addition to having an extra territorial effect-a decision also set aside by SC.

“There was also referred to [Justice Najafi] Requires from the Ministry of Foreign Affairs protocol facilities at airports abroad for his adult son, ”it added.

On April 8, the Commission will also consider the nomination of a former Chief Justice/Judge for Sindh High Court, Balochistan High Court, Peshawar High Court and Islamabad High Court under Second Proviso to Article 175a (5) of Pakistan’s constitution.

The current PML-N LED coalition government increased the total strength of the SC judges from 17 to 34 to the 26th constitutional amendment. Currently, 22 regular judges are working in SC.

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