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A man uses his mobile phone as he walks past the Supreme Court of Pakistan building in Islamabad, Pakistan May 13, 2023. — AFP
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ISLAMABAD: Akhhar Hussain, a senior advocate of the Supreme Court, has retired as a member of the Judicial Commission of Pakistan (JCP), citing disputes regarding the process of judicial appointment.
He resigned to the JCP Chairman, Chief Justice of Pakistan (CJP) Yahya Afridi, and highlighted his concerns over the dispute of judicial appointments.
In his resignation, Hussein, who was nominated three times by the Pakistan Bar Council (PBC), said: “The Pakistan Bar Council unanimously nominated me three times as a member of the Pakistan Judicial Commission. […] And I kept excluding my responsibilities with my best abilities.
… However, in the current dispute in relation to judicial appointments, I am unable to continue and, thus, being a member of the JCP and sending a copy of this resignation to the Pakistan Bar Council to the new nomination provided by the Constitution. Sending ”
He also expressed his gratitude to the members of the commission and assured them of their constant support for judicial and democratic institutions.
“I offer all respected members of the Judicial Commission of Pakistan and assure you and all members that I will continue all efforts for the development and independence of judicial and democratic institutions.”
Hussein also thanked the Pakistan Bar Council for trusting him and requested that a new nomination be made in his place.
It may be recalled that the JCP has recently appointed six new judges in the Apex Court during the boycott of Pakistan Tehreek-e-Insaf (PTI) lawmakers and two senior SC judges.
Earlier this month, the Judicial Commission sought nomination from all the high courts, requesting a list of five senior judges from each.
Islamabad High Court (IHC) initially sent three judges – its top judge Aamir Farooq, Justice Mohsin Akhtar Kayani and Justice Miangol Hassan Aurangzeb – because the other two judges, Justice Tariq Mehmood Jhangri and Justice Babar Sattar, Didn’t Minimum need for a five -year service.
However, the Lahore High Court, along with two judges of Justice Sarfraz Dogar, SHC and BHC, was recently shifted to IHC. After his transfer, the IHC administration reviewed his seniority list and nominated him as a senior poise judge. Therefore, his name was sent to the JCP.
Following the story of the transfer, five IHC judges raised the issue of judges’ sanity and sent represented the IHC Chief Justice against the new seniority list and sent a copy of it to CJP Afridi.
The judges argued that any transfer judge should take a fresh oath under Article 194 of the Constitution, which would place them under the IHC seniority list. This will make him disqualified for the post of IHC Chief Justice immediately.
The JCP, which approves judicial appointments, was formed to include four parliamentarians under the 26th Constitutional Amendment, which led to several changes in the judiciary.
The 13 -member institution is headed by the Chief Justice of Pakistan and includes two senators, two MNAs, three senior Supreme Court judges, the most senior judge of the Constitutional Bench, Federal Minister for Law and Justice, Attorney Contains. For Pakistan, a general, a lawyer, who has no less than 15 years of experience in Apex Court, has been nominated by the Pakistan Bar Council for two years.
The JCP has been given the task of appointing judges in the Supreme Court, the High Court, and the Federal Shariat Court and monitoring the performance of the High Court judges and developing their annual performance.
Earlier, opposition leaders in the National Assembly Omar Ayub, who were nominated as JCP members in four other lawmakers, also resigned.
