Judicial Commission of Pakistan Meeting in Question
Senator Barrister Ali Zafar has formally requested Chief Justice of Pakistan Yahya Afridi to delay the scheduled meeting of the Judicial Commission of Pakistan. This request emerged on Sunday as concerns over judicial appointments intensified.
Controversy Over IHC Judges’ Seniority
The Islamabad High Court recently underwent a reshuffling, including the transfer of three judges from other high courts. This restructuring removed Justice Mohsin Akhtar Kayani who was previously the senior puisne judge before Justice Sarfaraz Dogar’s transfer from the top decision-making committee.These changes, along with other administrative notifications, altered the high court’s seniority hierarchy.
Before these transfers, five of the ten judges had raised objections, addressing a letter to the President of Pakistan, the CJP, and other high court chief justices, opposing the new appointments. On Tuesday, these judges submitted a formal representation to Justice Farooq and CJP Yahya Afridi against their altered seniority status.
Supreme Court Justices Weigh In on the Issue
The judicial community has been actively discussing the implications of these changes. Four Supreme Court justices—Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Athar Minallah, and Justice Ayesha Malik—have addressed their concerns in a letter to CJP Afridi, emphasizing the need for clarity in judicial appointments and seniority principles.
PTI’s Ali Zafar Requests JCP Meeting Postponement
In a letter dated February 8, PTI leader Barrister Ali Zafar called for the postponement of the JCP meeting, citing serious concerns regarding the IHC seniority dispute. He highlighted that written objections from both Supreme Court and IHC judges indicate deep concerns over the independence of the judiciary.
Zafar’s letter warned that the creation of a new seniority roster undermines judicial integrity and exposes the transferred judges to unjust criticism regarding their impartiality. He emphasized the need to interpret constitutional provisions governing transfers and seniority harmoniously.
Link to High-Profile Cases Involving Imran Khan
The controversy has fueled public speculation, linking these judicial changes to high-profile legal appeals involving PTI founder Imran Khan and his spouse, Bushra Bibi. To dispel such concerns and maintain public trust, Zafar urged the JCP to act with caution and transparency.
Key Questions Surrounding Judicial Appointments
The upcoming JCP meeting is expected to influence how new judges are appointed to the Supreme Court.
If the Supreme Court appoints the current Chief Justice of, the selection of the next will become a pressing issue.
Call for a Transparent Judicial Appointment Process
Barrister Zafar strongly urged to postpone the JCP meeting until fully resolving the IHC seniority issue. If the meeting must proceed, he recommended that the commission refrain from considering any transferred judges for key positions, including the CJ IHC and Supreme Court judgeships.
JCP’s Role in Supreme Court Appointments
The JCP will convene tomorrow to address appointing judges to eight vacant Supreme Court seats. The government recently restructured this commission, responsible for judicial appointments, under the Constitution (Twenty-sixth Amendment) Act, 2024. The amendment introduced significant changes to the judiciary, including the addition of four parliamentary members to the commission.
Conclusion
The ongoing IHC seniority debate has raised serious concerns about judicial independence, transparency, and the potential impact on high-profile cases.
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