ISLAMABAD:
The Judicial Commission of Pakistan (JCP) has approved the nomination of Justice Ali Baqar Najafi to the Supreme Court by a majority vote of 9 to 4.
Interestingly, four judicial members of the commission did not support Justice Najafi’s elevation to the apex court.
The meeting, chaired by Chief Justice of Pakistan Yahya Afridi, was held on Friday.
It took up three agenda items, the first being the nomination of a former chief justice or judge from the high courts of Sindh, Balochistan, Peshawar and Islamabad, as outlined in the second proviso to Article 175A(5) of the Constitution.
The second item was a request by LHC Senior Puisne Judge Justice Shujaat Ali Khan for the removal of certain remarks and observations from the minutes of the Judicial Commission of Pakistan (JCP) meeting held on July 2, 2024.
The third item was considering the appointment of two Lahore High Court (LHC) judges to the apex court.
Of the two nominees, only Justice Najafi received the necessary votes for his appointment to the SC.
According to sources, a segment of the government was particularly in favour of elevating Justice Shujaat Ali Khan. However, the Pakistan Bar Council (PBC) representative opposed his appointment.
Both the government and PTI supported Justice Najafi’s nomination to the SC, though four judicial members did not back his elevation.
Earlier, the commission, by a majority of its total membership, agreed that the words “negative public perception as to their integrity and reputation amongst the judicial and legal fraternity,” used in the minutes dated July 2, 2024, be expunged.
During the July 2, 2024, meeting, the JCP had unanimously approved the nomination of Justice Aalia Neelum as the new LHC chief justice, bypassing two senior judges, Justice Shujaat Ali Khan and Justice Ali Baqar Najafi.
The JCP had noted that the judges were not suitable or fit to hold the office of the LHC chief justice “largely due to the negative public perception as to their integrity and reputation amongst the judicial and legal fraternity”.
It said that in a full and frank discussion, all the members of the commission either stated or endorsed the view that “there was a near-universal convergence of negative perception, then any expectancy stood displaced, and the candidature of the nominee ought not to move forward”.
The JCP minutes further stated that the foundational strength of a judicial institution is public trust. “All members of the commission were of the view that the person who is to be appointed as the chief justice of a high court must possess unchallenged integrity and unblemished reputation.”
The commission, by a majority of its total membership, has also nominated Justice ® Maqbool Baqar, Justice ® Nazeer Ahmed Langove, Justice ® Mian Shakirullah Jan, and Justice ® Shaukat Aziz Siddiqui as members of the JCP under the second proviso to Article 175A(5) of the Constitution.
Meanwhile, it is learnt that the CJP has summoned a meeting of the JCP on April 18 to consider the appointment of chief justices for the Islamabad High Court, Sindh High Court, Peshawar High Court and Balochistan High Court.
