Proposed Judicial Amendments JCP Defers Meeting Amid Constitutional Changes
In a meeting of the commission on May 3, Federal Law Minister Azam Nazeer Tarar requested the commission to defer the meeting because the Centre was considering amending Article 175A of the Constitution. It was stated that the constitution of the commission may be changed.
Justice Yahya Afridi, therefore, had suggested that since the government intended to propose amendments to the Constitution, discussion on the agenda should be deferred and the meeting should be postponed.
The view of all members was solicited and it was agreed to adjourn the meeting. It was also agreed that this should not delay the process of appointments, which may continue to the existing rules.
When the meeting resumed on Friday, the law minister was not present. One member of the commission, Justice Munib Akhtar, asked about the status of the government’s proposed amendment which was outlined by the law minister in the earlier meeting.
However, Attorney General of Pakistan Mansoor Awan said that it was not the prerogative of the commission to ask about the proposed amendment.
When no definite answer was given and the CJP, being chairman, did not back his query, Justice Munib Akhtar walked out of the meeting. Justice (Retd) Manzoor Ahmed Malik, who was attending the meeting through video link, tried to stop him, but the efforts were in vain.
Lawyers were of the view that the JCP meeting should have progressed after learning of the status of the proposed amendment(s). However, it has been learned that the government has finalized its decision to table the proposed judicial package through a constitutional amendment.
The bill is likely to be tabled today (Saturday). Interestingly, none of the lawmakers is aware of the exact proposed amendments in the Constitution.
It will be interesting to see how the majority of judges react to the proposed judicial package which may curtail the independence of the judiciary.
JCP meeting
During the JCP meeting, it was resolved that instead of five nominations, the chairman/CJP will initiate three names for the appointment of high court chief justice. The SC office has issued a press statement that states there has been a consistent demand to revisit the Judicial Commission of Pakistan Rules which were made in the year 2010 under Article 175A(4) of the Constitution of the Islamic Republic of Pakistan.
The process was initiated by the Chief Justice of Pakistan, Qazi Faez Isa, and a committee was formed on 8 December. 2023, comprising Justice Syed Mansoor Ali Shah and Justice (Retired) Manzoor Ahmad Malik as co-chairs and included the senior puisne judges of all the high courts. Also, the Attorney-General of Pakistan Akhtar Hussain would represent the Pakistan Bar Council and members of the provincial bar councils.
The committee submitted the draft rules prepared by it and these were circulated among all the members of the Judicial Commission of Pakistan mentioned in Article 175A of the Constitution, and their views were solicited.
A meeting of all the members was convened on 3 May 2024, to consider the said draft rules, however, it was adjourned. Due to the summer vacations being observed by the high courts, the Federal Shariat Court, and the Supreme Court, the meeting was again called after the commencement of the new judicial year.
A notice convening the meeting to consider the draft rules was issued on 27 August 2024 for 13 September 2024 at 11.30 am. The CJP and the members thanked the co-chairs for drafting the rules. Thereafter, the chairman called on Justice Syed Mansoor Ali Shah to present the draft rules and in doing so, also explained the reasons of the committee for drafting them.
The chairman then invited members to express their views on the different provisions of the draft rules and a comprehensive discussion took place. It was ensured that the draft rules should be fully compliant with the provisions of the Constitution.
Proposals were made upon which a broad consensus developed. Suggestions were also given to make necessary amendments and increase the number of proformas to attend to the different categories.
It was decided to attend to the same by modifying the draft rules. After the conclusion of the discussion, the members proposed that the chief justice of Pakistan, and the senior puisne judge, should amend the said draft rules by the consensus that had been reached, and to present the same in the next meeting of the commission.
The meeting ended at 5 pm and the next meeting of the commission is scheduled for Saturday, September 28, 2024, at 10 am.
