Two SC judges urge CJP to convene JCP meeting for judges’ appointment

• Justice Sardar Tariq Masood and Justice Mansoor Ali Shah wrote a letter to CJP
• They said convening a meeting of JCP was a constitutional obligation
• The Supreme Court has vacancies for five judges

ISLAMABAD: Two judges of the Supreme Court of Pakistan (SCP) have written a letter to Chief Justice Umar Ata Bandial to convene a meeting of the Judicial Commission of Pakistan (JCP) to fill up the vacant post of the apex court.

Justice Sardar Tariq Masood and Justice Mansoor Ali Shah, who are also members of the JCP, have penned a joint letter to Chief Justice Umar Ata Bandial to convene a meeting for the appointment of judges as a delay may led to “unwanted rumours of petty politics”.

The senior judges said that in order to actualise the constitutional obligation under Article 175A(8) of the Constitution, meetings of the JCP should automatically be scheduled at the earliest on the occurrence of any vacancy in the apex court.

“JCP is not the Supreme Court of Pakistan, but an independent constitutional body, that must have a separate and an independent functional secretariat, headed by a professional secretary,” the letter said.

The judges said that it was essential to honour the constitutional obligation and to keep the courts fully functional in order to ensure speedy dispensation of justice across the country and to protect the right to access to justice of the people.

They mentioned that the responsibility of timely filling the vacancies in a court falls primarily on the shoulders of every member of the JCP.

“Any inordinate delay in the performance of this function, except for an unavoidable cause, which is not there in the present case, is both unfortunate and undesirable,” they noted.

It mentioned that the Supreme Court of Pakistan has five vacancies that have piled up since February 2022 over a period of almost nine months.

“We as members of the JCP, have time and again requested you to hold a meeting of the JCP to fill these vacancies. Our meetings with you in this regard have ended in vain,” they said.

The justices told the CJP that it was crucial to ensure that the vacancies are filled as a delay gives rise to “unwanted rumours of petty politics, lobbying and quid pro quo appointments”. They said the issues not only undermine the institution but also seriously impair the neutrality and transparency of the appointment process.

They reminded the CJP that they have taken an oath to defend the Constitution and vacancies of judges normally should be filled in immediately but not later than 30 days, adding it is a “constitutional obligation” of the JCP.

They stressed the inordinate delay of almost nine months must be urgently addressed first. The judges proposed two options to proceed swiftly with the appointment.

They suggested to either consider the five chief justices of the five high courts against five vacant posts or consider the top two judges from every high court and opening these options to vote in the next meeting of the JCP.

“This is the best way forward in the current circumstances, till such time that more sophisticated selection criteria and Constitution-compliant Rules are framed,” they added.

They humbly urged the chief justice to immediately call a meeting of the JCP to honour the constitutional obligation and hold their oath under the constitution.

SC could become ‘dysfunctional’

A week earlier, Justice Qazi Faez Isa had written a letter to the top judge for the same demand to convene a meeting of the JCP.

Justice Isa urged CJP Bandial to “immediately” convene a meeting of the JCP to fill the vacant SC seats as unfilled seats may leave the country’s highest court “dysfunctional”.

The senior puisne judge highlighted that the five vacancies mean that the apex court has lost 726 working days and more than 50,000 cases have accumulated in the Supreme Court during this time.

“It pains me to state that cases filed in the Supreme Court are unlikely to ever get decided if the vacancies are not filled in,” Justice Isa told the CJP.

The judge reminded that people have “invested heavily in the Supreme Court which employs about 700 staff and has a considerable budget”. He further argued that it was not understandable why the Supreme Court was working at a reduced capacity in such circumstances.

The last JCP meeting was held in July last year where it was reported the commission rejected CJP Bandial’s nominated judges of higher courts for their elevation to the SC.

It is to be noted that former CJP Gulzar Ahmed retired on January 31, Justice Qazi Muhammad Amin on March 26, Justice Maqbool Baqar on April 4, Justice Mazhar Alam Miankhel on July 13, and Justice Sajjad Ali Shah retired on August 13. They five seats remains vacant till date.

Also Read

JCP meeting convened for LHC judges’ appointment on Oct 12

ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial has convened the Judicial...