Judicial commission responds to PBC, demands representative
17 March, 2013
Islamabad: In response to Pakistan Bar Council's proposed amendments to Judicial Commission's rules 2010, the commission has asked the lawyers to nominate their representative for deliberation on their proposed amendments.
Meanwhile, in the absence of superior bar representatives, attorney general of Pakistan and law minister, the Judicial Commission of Pakistan (JCP) in its meeting on Saturday approved six names for the Lahore High Court additional judges. The proposed names are Shoiab Saeed, Atir Mahmood, Shahid Bilal Hussain, Alia Nelam, Shahzada Mazhar and Abid Aziz Sheikh. The commission, however, dropped the name of Muhammad Tariq Abbasi.
Sources revealed to our sources that JCP secretary (incumbent Supreme Court's registrar) Dr Faqir Hussain writing a letter to the PBC vice chairman Syed Qalb-e-Hassan, conveyed that the commission's members would consider the lawyers' proposals but it would be better, if the PBC nominate its representative for further deliberation in this regard.
The sources also said that in view of the JCP's letter, PBC executive body meeting would be summoned soon for deciding whether they should nominate a representative for the JCP member or not.
According to sources, the lawyers were divided on the nomination of its representative in the commission. One section of legal fraternity believed that the JCP should first approve their demands about the amendments in the commission's rules and then a representative should be sent.
One PBC executive member, however, revealed that an independent group of lawyers was considering four names like incumbent Supreme Court Bar Association president Mian Israrul Haq, former SCBA president Yasin Azad, former PBC vice chairman Akhtar Hussain and PBC executive member Ramzan Cahudhry for the JCP member.
It is worth mentioning that expressing reservations over the powers of the Judicial Commission of Pakistan (JCP) chairman (the chief justice of Pakistan), the PBC has proposed amendments in the JCP rules seeking transfer of the chairman's powers to the commission regarding the appointment of superior courts judges.
These proposed amendments in the commission's rules have been unanimously passed by the PBC executive body on March 9. Seeking amendments in rules 2, 3, 6 and 8 of the JCP, the PBC has demanded that the JCP secretary should be nominated by the commission. Presently, the JCP chairman (CJP) appoints the secretary of the commission and presently the Supreme Court registrar, Dr Faqir Hussain, is serving this post.
CJP Iftikhar Muhammad Chaudhry in his address on February 14 observed that on completion of the tenure of representatives of some bar councils, reminders had been sent by the Judicial Commission, however, new nominations have not been received so far. He had also said that non-participation by any of the members of the commission deprives this body of valuable input in selecting the best and brightest to adorn the benches; therefore, all the stakeholders are expected to fulfil their constitutional obligation in the public interest. Furthermore the chief justice had said that the high courts throughout the country were already facing severe shortage of judges, where additional appointments are required to be made to complete the strength of the benches.