ISLAMABAD: The Judicial Commission of Pakistan (JCP) has convened a meeting to consider Justice Athar Minallah as the next chief justice of Islamabad High Court (IHC).

A press release issued by the public relations officer of the Supreme Court on Tuesday stated: “Hon’ble Mr Justice Mian Saqib Nisar, Chief Justice of Pakistan/Chairman Judicial Commission of Pakistan, has convened the meeting of Judicial Commission of Pakistan on November 1, 2018 at Supreme Court Islamabad to consider the name of Hon’ble Mr Justice Athar Minallah, Senior Puisne Judge Islamabad High Court for appointment as Chief Justice of Islamabad High Court.”

The press release ended the uncertainty that prevailed within the legal fraternity and members of the judiciary after the removal of Justice Shaukat Aziz Siddiqui by the SJC from the post of senior puisne judge of the IHC on Oct 11 for accusing Inter Services Intelligence (ISI) of interfering in the affairs of the judiciary.

Lawyers’ representative welcomes announcement but says bar councils will boycott courts for rule of law as per schedule today

Since the incumbent IHC Chief Justice Mohammad Anwar Khan Kasi is retiring on Nov 27, there were reports that a judge from Lahore High Court (LHC) may be transferred to the IHC as its next chief justice.

According to sources, the proposal was discarded after judges senior to those being considered for the top post of the IHC expressed their reservations. Subsequently, the name of Senior Puisne Judge of Balochistan High Court (BHC) Justice Jamal Khan Mandokhel was considered for the post.

The lawyers’ bodies, especially the provincial bar councils, in their meeting on Oct 19 announced to boycott courts proceedings across the country on Oct 24 for independence of the judiciary and rule of law.

According to Fiaz Jandran, vice chairman Islamabad Bar Council (IBC), seven bar councils - provinces, federal capital, Azad Kashmir and Gilgit-Baltistan - have decided to boycott the courts proceedings. Besides independence of judiciary and rule of law, the issue related to the appointment of the next IHC chief justice was one of the agenda items of the meeting, he said.

He said the bar associations would observe the strike on Wednesday (today) as per scheduled already announced.

Mr Jandran, however, welcomed the JCP’s announcement to appoint the senior puisne judge of the IHC as its next chief justice.

Justice Minallah is the eldest son of Nasrum Minallah, who remained commissioner during 1960s and 70s. He is son-in-law of Justice Safdar Shah who was part of the bench that convicted and sentenced former prime minister Zulfikar Ali Bhutto. But Justice Shah wrote a dissenting note against the conviction for which he faced the wrath of the then military dictator Gen Ziaul Haq.

Justice Minallah joined Pakistan Customs and rose to a senior position but later resigned and entered politics and started practicing law.

Following sacking of the then chief justice Iftikhar Mohammad Chaudhry in 2007, he joined the lawyers’ movement.

However, after Justice Chaudhry’s restoration, he became a critic of the judiciary because of the excessive suo motu cases that led to pendency of routine cases.

Justice Minallah was appointed as the IHC judge in June 2014 and since then he has authored landmark judgments in matters related to civil litigation, including real estate, criminal cases, environment and missing persons.

Published in Dawn, October 24th, 2018

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