ISLAMABAD: The Bipartisan Parliamentary Panel on Appointment of Superior Judiciary Judges on Tuesday approved observation of seniority as the central consideration for promotion of judges to the Supreme Court.

It also recommended for the right of appeal against the apex court’s suo motu power (or against a verdict on a human rights-related petition) under Article 184(3) of the Constitution.

The legislation would enable political personalities to challenge their disqualification by the Supreme Court under the original jurisdiction of 184(3) and to file an appeal against it.

It may be mentioned that the supreme leader of Pakistan Muslim League-Nawaz (PML-N) Nawaz Sharif and estranged leader of Pakistan Tehreek-i-Insaf (PTI) Jahangir Khan Tareen had been disqualified by the apex court under the original jurisdiction. Since there was no constitutional remedy available, they could not challenge the verdict.

Recommends right of appeal against any apex court verdict under Article 184(3)

The apex court’s unchallengeable power of Article 184(3) came under discussion after the disqualification of former prime minister Nawaz Sharif.

Though the Senate Secretariat also issued a press release about the endorsement of the committee to the bill introduced by Senator Farooq H. Naek at the meeting of the parliamentary committee, ministers Azam Swati and Ali Mohammad Khan, who are also members of the committee, issued a clarification stating that the committee did not approve any amendment to the Constitution since it was prerogative of the parliament.

The bill proposed that under Article 184(3), an apex court bench comprising at least three judges would exercise the suo motu powers in human rights cases.

The proposed law provided the right to appeal against the order of the three-member bench stating that an appeal could be filed against the order in 30 days to be decided by a five-member bench of the Supreme Court within 60 days and the order shall not be implemented pending a decision on the appeal.

The meeting of the committee was held under the chairmanship of Senator Farooq H. Naek.

The committee unanimously approved the amendments to the relevant provision of the Constitution proposed by Senator Naek.

It also proposed to curtail the powers of the president to appoint ad hoc judges of the Supreme Court and linked it with the parliamentary nod.

Under the proposed amendment to Article 175(3), the parliamentary panel would recommend that the elevation of judges to the Supreme Court will be made in accordance with their seniority which shall be determined with reference to their date of appointment as a judge of a high court.

The recent elevation of Justice Mohammad Ali Mazhar to the Supreme Court stirred a debate in the legal fraternity. Lawyers have also expressed concerns over the proposed elevation of Justice Ayesha A. Malik to the Supreme Court since she is at number four of the seniority list of the Lahore High Court.

The committee also approved a recommendation that the retirement age of high court judges would be enhanced from the current 62 years to 65 years as in the case of a judge of the Supreme Court.

The committee also approved an amendment to Article 209 proposed by the chairman of the committee and decided that a reference on account of misconduct against a judge of the Superior Judiciary will be decided by the Supreme Judicial Council within 90 days.

The meeting discussed Article 175-A of the Constitution dealing with the manner of the appointment of judges of the Supreme Court and the composition of the Supreme Judicial Council. It was decided that the issue will be further deliberated upon in the next meeting.

Published in Dawn, September 1st, 2021