Islamabad Bar urges JCP to review decision to elevate junior judges to SC

• Lawyers' body says judges' recommendation for SC was contrary to the seniority principle.
• Says SC in Al-Jihad Trust case has laid down principle of seniority-based appointments.
• Says protests by lawyers' organisations across the country were also ignored.

ISLAMABAD: The Islamabad Bar Council (IBC) has asked the Judicial Commission of Pakistan (JCP) to review its decision of elevating junior judges to the apex court, reported The News.

According to local media, the bar council members in a statement on Wednesday declared the judges' recommendation for the Supreme Court as contrary to the seniority principle and called for a review.

IBC Vice Chairman Syed Qamar Hussain Shah, Chairman Executive Committee Raja Muhammad Aleem Khan and other office-bearers said that lawyers' organisations across the country have demanded that the seniority principle should not be ignored in the appointment of Supreme Court judges.

"The Supreme Court in the Al-Jihad Trust case has laid down the principle of seniority-based appointments for the superior Judiciary,” they added.

“Recommendations for the appointment of junior judges have been made ignoring seniority in Monday's Judicial Commission meeting,” they added in the statement. They said that protests by lawyers' organisations across the country were also ignored.

JCP recommends elevation of Justice Minallah, two others to top court

On Monday, JCP approved the elevation of high court judges to the Supreme Court.

Recommendation to appoint the Islamabad High Court (IHC) Chief Justice Athar Minallah was also made, alongside two more judges — Justice Shahid Waheed of the Lahore High Court and Justice Hasan Azhar Rizvi of the Sindh High Court (SHC).

During JCP's meeting, presided by the Chief Justice of Pakistan (CJP) Umar Ata Bandial, the commission deliberated over the elevation of four judges to the top court.

The apex court, at present, is short of five judges out of its total strength of 17.

Following the JCP's detailed discussion, members agreed to appoint the three aforementioned judges, well-places sources said.

Justice Minallah's name was proposed unanimously, while Justice Rizvi and Justice Waheed were recommended by a 5-4 ratio, the sources added.

However, JCP deferred the proposal to elevate Shafi Siddiqui as participants of the meeting could not agree upon his name, sources mentioned.

Sources privy to the matter added that Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Mansoor Ali Shah, and Pakistan Bar Council (PBC) representative Akhtar Hussain opposed the elevation of Justice Shahid Waheed and Hasan Azhar Rizvi.

The recommendations of the JCP will be sent to the Parliamentary Committee on Appointment of Judges in Superior Courts for final approval.