ISLAMABAD: In a bid to streamline rules for the appointment of judges, a committee of the Judicial Commission of Pakistan, which includes the representation of superior courts as well as the bar councils, has agreed to amend the selection criteria for the elevation of judges to the Supreme Court and the high courts.

According to a statement issued by the JCP, the committee met on Saturday under the co-chairmanship of Justice Syed Mansoor Ali Shah and retired justice Manzoor Ahmed Malik.

The other members were Sindh High Court judge Nadeem Akhtar, Balo­ch­is­tan High Court judge Muhammad Hash­­im Khan Kakar, Peshawar High Court judge Ishtiaq Ibrahim, Lahore High Court judge Shehzad Ahmed Khan, Attorney General Mansoor Usman Awan, and bar council members.

According to the statement, “The committee discussed its mandate, that is, to propose such rules of procedure for the commission which complies with the collegial and inclusive decision-making process enshrined in Article 175A of the Constitution.”

Committee likely to finalise draft rules on Dec 29

The committee pondered over the process of calling nominations and the commission’s meeting as well as the procedure to initiate the nomination for Supre­­me Court judges, high court judges, and the Federal Shariat Court judges.

It also discussed the representation of advocates and judicial officers in high court appointments, diversity in such appointments, criteria for determining merit, procedure and criteria for confirmation of additional judges, and establishing a secretariat of the commission. The committee also resolved to finalise the draft rules on December 29, said the statement.

Lawyers demand representation

Lawyers’ bodies have been urging the authorities to streamline the rules for the appointment of judges, which were changed in the 18th Amendment. The legislature proposed that the JCP headed by the CJP, would propose the names which would be subject to the confirmation of the Parliamentary Committee on the Appointment of Judges. Since 2010, most of the judges elevated to superior courts have been picked by the CJP. Following the 19th Amendment, the parliamentary panel had become merely a rubber stamp.

The parliamentary committee had held successive meetings for over a decade to strike a balance in the appointment of superior court judges. CJP Faez Isa, who is the chairman of the Judicial Commission of Pakistan, on December 2 constituted a committee to review the rules for the judges’ appointment.

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A source privy to the details of the meeting said the high courts CJs and bar councils submitted their proposals for the amendment to the rules. These proposals were examined by the committee and the rules would subsequently be finalised with consensus.

According to him, the bar councils wanted the JCP to streamline the rules, enabling the lawyer bodies to give valuable input in the judges’ appointments. “The bar councils are demanding the selection of a candidate through a ‘meaningful’ consultation between the bench and bar,” he said.

The lawyer bodies also demanded powers to recommend a lawyer for the post of a judge of the high court, however, it would be the discretion of the JCP to accept or discard the recommendation, he added. “Under the current rules, the bar is more like a silent spectator,” he claimed.

It may be noted that the 2010 rules were framed by the JCP during the tenure of then-CJP Iftikhar Muhammad Chaudhry. These rules empowered the top adjudicator to initiate nominations in the commission for appointment against a vacancy in the superior judiciary.

Rule 4 empowers the chairman, who happens to be the CJP, to regulate the proceedings of the commission, which can call for any information or record required from any person or authority for the purpose of carrying out its functions.

Under Rule 5(4), the proceedings of the commission will be held in camera besides the chairman under Rule 5(5) can constitute one or more committees of members as deemed necessary.

Published in Dawn, December 17th, 2023