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Saturday, January 19, 2013
AGP refuses to attend judicial commission’s meeting* Argues JCP not properly constituted since PBC did not nominate any lawyer to it
By Hasnaat Malik
ISLAMABAD: In view of the Pakistan Bar Council’s concerns, Attorney General of Pakistan Irfan Qadir has refused to attend the Judicial Commission of Pakistan’s today’s meeting regarding the appointment of superior courts judges.
According to the details, the AGP has sent a letter to the commission’s secretary, Dr Faqir Hussain, through his secretary, Jangu Khan, on Friday. “This is to convey to you that the attorney general of Pakistan shall not be attending tomorrow’s meeting of the judicial commission in view of the fact that the judicial commission is not properly constituted since the Pakistan Bar Council has not sent the name of any senior lawyer for being a member of the judicial commission,” the letter further stated.
The attorney general has also attached the PBC’s November 7, 2011, resolution, in which lawyers have refused to nominate their representative for the JCP until their reservations regarding the commission’s proceedings are addressed. Meanwhile, sources revealed to Daily Times that a three-member committee, headed by PBC Vice Chairman Akhtar Hussain on Friday held an important meeting with Chief Justice of Pakistan Iftikhar Muhammad Chaudhry to apprise him about the bars’ reservations about the JCP’s proceedings.
The sources said that the outcome of that meeting would be shared in the PBC’s executive body meeting on January 22. They also said that the PBC’s committee was informed that the CJP initiate the name for superior courts judges in view of the Supreme Court’s short order in the 18th Amendment case, therefore, the bar council’s demand could not be accepted in this regard until the court review its short order.
The sources also stated that the bar might reconsider his other demands about the abolishment of the JCP’s in-camera proceedings as well as sharing the minutes of the commission’s meetings. The PBC executive body will elect its new vice chairman on January 22 and it is expected that the pro-government lawyers group would easily elect Qalbe Hassan because they have a clear majority in the apex body of the lawyers.
It is worth mentioning that the attorney general of Pakistan, while giving arguments in the presidential reference, case had contended before the Supreme Court that the JCP’s proceedings regarding the appointment of superior courts judges should be made public as there is a general impression that the people close to a certain section of the present judiciary are elevated. “The JCP should ensure equal opportunity for all the qualified lawyers and senior judges from the subordinate judiciary for elevation to the high court, and similarly amongst the judges of the high court to the Supreme Court,” he said, adding, “The manner in which the JCP is functioning, bar councils/Supreme Court Bar Association have serious reservations, and reservations of these superior bars are a sad reflection of the performance of JCP.”
Courtesy www.dailytimes.com.pk