The JCP also unanimously approved Justice Muhammad Shafi Siddiqui as the new chief justice of the Sindh High Court (SHC).
While not constitutionally required the practice since the 18th Amendment in 2010 has been to appoint the most senior puisne judge as the chief justice. However, before the amendment, some senior judges were passed over for more junior appointments who superseded them.
Justice Ejaz Afzal Khan, who was not the senior puisne judge, was elevated to the Peshawar High Court (PHC) chief justice position.
Under the leadership of Chief Justice Qazi Faez Isa, the commission decided to bypass Justice Shujaat Ali Khan and Justice Baqar Najafi for reasons not officially disclosed.
However, CJP Isa also strongly expressed why one of them should not be considered for the appointment of the LHC chief justice, they added.
Speculation swirls about whether judges will continue following the JCP decision to drop their names for the elevation to the post of the LHC chief justice. Some lawyers suggest that they should tender their resignation.
One JCP member revealed that the matter regarding the alleged misconduct of a judge was also pending in the Supreme Judicial Council (SJC). Meanwhile, during the meeting, another JCP member also questioned how they could effectively work if they were ineligible to become chief justice.
Although the government and bar representatives were keen on nominating Justice Shujaat Ali Khan, they opted to wait for the opinions of the judicial members of the JCP.
Justice Munib Akhtar referred to the Al-Jihad case judgment during the meeting. However, in the end, he supported the stance of other judges to supersede the two senior LHC judges.
Justice Shujaat Ali Khan is set to retire on April 26, 2026, while Justice Najafi will retire on September 14, 2025. Justice Aalia Neelum’s term extends until November 11, 2028.
If elevated, Justice Neelum would become the first female chief justice of the LHC. She is renowned for her expertise in criminal law.