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• Selection approved by 9-4 majority with both PTI members’ support, CJP and SC Justices Shah, Akhtar and Mandokhel in opposition
• Four retired HC judges also join JCP ranks
• Body agrees to delete ‘adverse remarks’ against LHC judge
ISLAMABAD: The Judicial Commission of Pakistan (JCP) on Friday picked Justice Ali Baqar Najafi to become a judge of the Supreme Court, out of the five most senior judges of the Lahore High Court (LHC), by a nine-to-four majority.
Presided over by Chief Justice of Pakistan (CJP) Yahya Afridi, the 13-member commission during its two-and-a-half-hour session considered the appointment of two judges to the apex court, but chose to elevate only one.
A prolific judge, Justice Najafi previously made headlines when he suspended appointments of returning officers for the 2024 general elections. The decision was subsequently nullified by the apex court, headed by then-CJP Qazi Faez Isa, paving the way for general elections in February 2024.
On Friday, his appointment was opposed by the CJP, Justice Syed Mansoor Ali Shah, Justice Muneeb Akhtar and Justice Jamal Khan Mandokhel.
However, the two PTI members of the commission voted with the government for the appointment of Justice Najafi as a judge of the Supreme Court.
The other points on the agenda were the nomination of a former chief justice/judge of the Sindh High Court, Balochistan High Court, Peshawar High Court and Islamabad High Court under second proviso to Article 175A(5), a request of LHC’s senior puisne judge Shujaat Ali Khan for expunction of remarks/observations contained in the minutes of JCP’s July 2, 2024 meeting and to consider the appointment of LHC’s two judges to the apex court.
On Feb 10, the JCP had confirmed the appointment of six SC judges and an acting judge under the 26th Amendment, but deferred the elevation of two LHC judges. Originally, the commission was set to nominate eight new judges to the Supreme Court.
CJP Afridi, Justice Shah, Justice Akhtar and Justice Mandokhel dissented from the majority opinion on the grounds that they had endorsed the opinion during the July 2, 2024 meeting.
The commission took considerable time to discuss Justice Shujaat’s request for the removal of negative remarks.
An informed source told Dawn that the focus of the discussion revolved around the issue whether the JCP could review or revisit any decision it made earlier in case a perceived mistake was committed.
The majority view emphasised that the JCP being the highest constitution body should desist from levelling allegations or casting aspersions without a solid proof as it was not enough to make such remarks that the general reputation of a judicial functionary was not up to the mark in the eyes of people.
Such an allegation, especially in the minutes of the commission’s meeting, becomes a stigma for life against the judicial functionary, the source said.
On July 2, the commission had observed that nominees for the office of chief justice of a high court must possess unchallenged integrity and an unblemished reputation in the public.
The JCP had then approved the elevation of Justice Aalia Neelum to become the first-ever woman chief justice of the LHC. However, the commission observed that while the 1996 Al-Jehad Trust case held that the most senior judge had a legitimate expectation of being appointed chief justice of a high court, it was not an automatic right.
The JCP, while evaluating the credentials and suitability of the nominees for the appointment as the LHC’s chief justice, had concluded that Acting CJ Shujaat was not suitable or fit to hold the high court’s top office due to the alleged negative public perception as to his integrity and reputation among the judicial and legal fraternity.
Friday’s meeting also considered the name of LHC Chief Justice Neelum for her elevation to the Supreme Court, but the majority of members agreed that the LHC CJ was discharging her responsibilities efficiently to the best of her abilities.
The meeting also decided to appoint new members to the JCP. Retired judges namely Maqbool Baqir from the SHC, Nazeer Ahmed Langove from BHC, Shaukat Aziz Siddiqui from IHC and Shakirullah Jan from PHC were appointed as members of the commission.
The members appointed from amongst retired judges will attend meetings of the JCP whenever an agenda item regarding the appointment of judges of their relevant high court is to be taken up.
Published in Dawn, April 12th, 2025
