Justice faize ESSA raised serious reservations on supreme judicial council proceedings and junior judges nominations
Muhammad Basharat (Online): The meeting of the JCP took place today to consider the five nominees put forward by the Hon’ble Chairman of the JCP (‘Chairman’).
After a detailed discussion the majority of the Hon’ble Members of the JCP, that is the Hon’ble Justice Sardar Tariq Masood, Hon’ble Law Minister Mr Azam Nazeer Tarar, Hon’ble Attorney-General Mr. Ashtar Ausaf Ali, representative of the Pakistan Bar Council the Hon’ble Mr. Akhtar Hussain and myself decided to reject the nominations of the three junior judges of the Sindh High Court and one junior judge of the Lahore High Court. As regards the Hon’ble Chief Justice of the Peshawar High Court it was decided that since he was neither the senior-most Chief Justice nor the senior-most judge from amongst the five High Courts his name may be considered when placed alongside those of his peers, that is, with the Chief Justices of the other High Courts and senior-most judges, with the provision of comparable data. It was also decided that the Constitution did not permit appointments to ‘anticipated’ vacancies.
The Hon’ble Chairman did not dictate the decisions that were taken, and left the meeting quite abruptly, followed by the Hon’ble Ijaz-ul-Ahsan. Therefore, it has now fallen to the temporarily appointed Acting Secretary to draw up the minutes and the decisions that were taken. This is the first time he is doing so, as the Secretary is on holiday.
The eyes of the nation are transfixed on the JCP and they have a constitutional right to know what was decided. Therefore, the Acting Secretary should immediately release this decision to the media, which will also stem unnecessary speculation and misreporting as the meeting was held behind closed doors. It is expected that the detailed minutes will accurately reflect all that transpired.
Qazi Faez Isa
Copy to: Acting Secretary JCP / Additional Registrar SC to do the needful.