News
Wednesday, November 14, 2012
Decision about sending representatives to JCPPBC mulls consulting provincial bar councils
By Hasnaat Malik
ISLAMABAD: The Pakistan Bar Council is considering consulting the provincial bar councils on a decision not to send their representatives to the Judicial Commission of Pakistan’s meetings until lawyers’ reservations regarding the commission’s proceedings are addressed.
One PBC executive member revealed to Daily Times that the PBC would consult provincial bars about not participating in the JCP’s proceedings regarding the judges’ appointment. It has been learnt that in view of a resolution of the apex body of lawyers, the PBC is also considering not nominating its member until positive steps are taken to amend the JCP’s rules. The PBC unanimously passed a resolution for amending the commission’s rules and sought the right for every JCP member to propose name of a judge.
The PBC also constituted a three-member committee, headed by its vice chairman, Akhtar Hussain, for holding a meeting with Chief Justice of Pakistan Iftikhar Muhammad Chaudhry to apprise him of bar’s stance about the commission. Lawyers have also appealed the political parties in parliament to amend the constitution so that provisions of its Article 175-A are suitably changed to meet the long outstanding demand of the PBC for meaningful participation in the process of judges’ appointment.
Earlier, the Supreme Court registrar had written a letter to the bar council for appointing its new representative as two-year term of Dr Khalid Ranjha as the JCP member is ending. On the other hand, legal experts say that after the Law Ministry’s declaration that Islamabad High Court’s Justice Anwar Kasi is to be junior than Justice Riaz, a question may raised regarding the commission’s decision to confirm IHC judge Justice Shaukat Siddiqui because Justice Kasi had attended the commission’s meeting as the senior-most judge.
Earlier, the JCP had recommended the name of Justice Anwar Kasi for the slot of chief justice of the IHC, as the incumbent chief justice, Iqbal Hameedur Rehman, had been elevated as a judge of the Supreme Court. However, President Asif Ali Zardari has rejected the summary of Justice Kasi and declared another judge of the IHC, Justice Riaz, capable of becoming the chief justice as he was the senior-most judge. The Law Ministry had sent a summary to the president that Justice Riaz was senior to Justice Kasi by age. In view of the Law Ministry’s finding, the president has declared Justice Riaz as senior and sent back the summary about the notification of Justice Kasi as the IHC chief justice.
The sources said that PBC representative Dr Khalid Ranjha and Attorney General of Pakistan Irfan Qadir had opposed the appointment of Justice Kasi as IHC chief justice in that meeting. Likewise, Law Minister Farooq H Naek refrained from giving his opinion in this matter, saying that the seniority issue was already pending in the Law Ministry; therefore he would not give any comments in this regard.
PBC Vice Chairman Akhtar Hussain said that it would have been better if the commission had waited the Law Ministry’s decision about seniority of judges’ issue. Active lawyer Chaydhry Faisal said that under the constitution the president could disapprove any recommendation of the judicial commission.
Courtesy www.dailytimes.com.pk