JCP likely to finalise panel to interview candidates

The move, however, has raised concerns among lawyers, particularly in Islamabad, who argue that candidates for constitutional courts should not be subjected to interviews by any committee operating outside the constitutional framework.

Sources said the JCP’s Rule-Making Committee met on May 6 to deliberate on the criteria and procedure for appointing judges to the superior judiciary in light of recent constitutional amendments.

The 27th Constitutional Amendment introduced a provision empowering the commission to frame rules regulating its procedures, including the “procedure and criteria for assessment, interview, evaluation and fitness for appointment of judges”.

The Rule-Making Committee comprises Justice Aamer Farooq of the Federal Constitutional Court (FCC), Attorney General for Pakistan Mansoor Usman Awan, Senator Farooq H. Naek, Senator Syed Ali Zafar and Pakistan Bar Council representative in the JCP Ahsan Bhoon.

According to sources, the committee discussed various proposals regarding interviews of candidates for judicial appointments. Senator Ali Zafar proposed that the entire JCP interview each candidate when his or her nomination comes before the commission. Senator Farooq Naek, however, suggested that a seven-member committee conduct interviews prior to the JCP meeting and submit recommendations to the commission.

Sources said Mr Bhoon proposed a five-member committee comprising two judges from the FCC or the Supreme Court, one parliamentarian, the attorney general and a representative of the Pakistan Bar Council.

According to sources, the proposed committee may include FCC Justice Syed Hassan Azhar Rizvi, Justice Aamer Farooq, Barrister Syed Ali Zafar, Attorney General Mansoor Usman Awan and Mr Bhoon.

The proposals are expected to be placed before the full commission at its next meeting, likely to be held next week. Sources said the JCP may also finalise the long-awaited rules governing appointments to the superior judiciary.

Judicial appointments in various high courts have remained stalled due to the absence of revised rules following recent constitutional amendments.

LHC vacancies and consultations

In Lahore, Chief Justice of the Lahore High Court Justice Aalia Neelum has already initiated consultations and interviews to fill long-pending vacancies amid a growing backlog of cases.

According to official figures, the sanctioned strength of the Lahore High Court is 60 judges, but only 41 judges, including the chief justice, are currently serving, leaving 19 positions vacant.

Sources said several senior lawyers and law officers have already appeared before the chief justice for consultation. They include Prosecutor General Islamabad Ghulam Sarwar Nihang, Advocate Asad Ali Bajwa, Advocate Kashif Rajwana, Barrister Zargham, Punjab Advocate General Amjad Pervaiz, Barrister Usman Ghani Rashid, Punjab Prosecutor General Syed Farhad Ali Shah, Barrister Umer Riaz, Advocate Asad Abbasi, Advocate Shireen Imran and Advocate Masroor Haider Awan, brother of Attorney General Mansoor Usman Awan.

Former Bahawalpur Bar president Amir Ajam and Multan-based lawyer Khalid Ibne Aziz are also under consideration, sources added. The Punjab Bar Council is also expected to forward its own panel of nominees to the JCP. Likely nominees include Hafiz Ansarul Haq and Additional Attorney General Munawar Iqbal Duggal.

Meanwhile, the Islamabad High Court Bar Association (IHCBA) has expressed reservations over reports regarding the constitution of any committee for conducting interviews or scrutinising lawyers for elevation to the high courts “outside the constitutional framework”.

In a statement issued after a meeting of its executive body on Friday, the IHCBA maintained that the constitutional mandate relating to assessment, consultation and recommendation of candidates for judicial appointments exclusively vested in the Judicial Commission of Pakistan. It also stressed that the constitutional role and consultative authority of the respective chief justices must remain fully protected.

The process of judicial appointments has witnessed delays following recent constitutional developments. During a JCP meeting held on April 28 regarding the transfer of judges from the Islamabad High Court, it was decided that fresh appointments would only be considered after finalisation of the new rules governing the commission’s functioning.

At that meeting, three IHC judges, Justice Mohsin Akhtar Kayani, Justice Babar Sattar and Justice Saman Rafat Imtiaz, were transferred to the Lahore, Peshawar and Sindh high courts, respectively, as part of a broader judicial reshuffle.

Sources said the government had proposed convening the next JCP meeting only after the revised rules were finalised in light of the 26th and 27th Amendments, which significantly altered the composition and functioning of the commission.