CJP convenes JCP huddle to deliberate nominations for constitutional benches

Chief Justice of Pakistan (CJP) Yahya Afridi summoned maiden sitting of the Judicial Commission of Pakistan on November 5 to mull nomination of judges for constitutional benches in the Supreme Court.

The development came hours after the National Assembly Speaker Ayaz Sadiq nominated four parliamentarians from the upper and lower houses, along with one woman, for the JCP, making a total of five nominations.

The NA speaker sent the names for the 13-member commission through a letter to the Supreme Judicial Commission (SJC).

According to a notification issued by the JCP secretary, the commission’s meeting would be held at 2pm on Tuesday (November 5) in the SC building.

The agenda of the meeting includes establishment of the secretariat of the commission, nomination of judges for the constitutional benches in the top court and any other matter with the permission of the CJP.

The commission’s Chairman CJP Afridi, Justice Syed Mansoor Ali Khan, Justice Munib Akhtar, Justice Amin-ud-Din Khan, Senator Farooq Hamid Naek, MNA Sheikh Aftab Ahmad, Roshan Khursheed Bharucha, Law Minister Azam Nazeer Tarar, Attorney-General for Pakistan Mansoor Usman Awan, senior Advocate Akhtar Hussain, Senator Shibli Faraz and MNA Omer Ayub Khan would attend the key huddle of the body.

The list issued by the JCP comprised 12 names, however, senior most member of constitutional bench will also be included in the top judicial body after its formation in line with the 26th Amendment.

It is pertinent to mention here that the commission was reconstituted following the enactment of the 26th Constitutional Amendment and will now include members of the parliament.

Pakistan Muslim League-Nawaz (PML-N) MNA Sheikh Aftab and Leader of Opposition in the National Assembly Omar Ayub have been nominated from the lower house for the commission.

Whereas, Pakistan Peoples Party (PPP) Senator Farooq H Naek, Leader of Opposition in Senate Shibli Faraz and a former member of the Senate, Roshan Khursheed Barocha, have been nominated.

Both, Ayub and Shibli, belong to the Pakistan Tehreek-e-Insaf (PTI).

The NA spokesperson said all the nominations were sent to the JCP secretary. The official said five members, including four parliamentarians, were incorporated into the JCP under the 26th Constitutional Amendment.

The government and opposition have equal representation in the names sent from the parliament for the commission, the official said, adding that all the names were received by the Supreme Court.

The names of two senators were nominated by Senate Chairman Yousuf Raza Gillani, under Article 175-A of the Constitution, on advice of the Leader of the Senate Ishaq Dar and the opposition leader.

The JCP has pivotal role in the judicial system as it appoints judges to the SC, high courts, and Federal Shariat Court. It also oversees the performance of high court judges and prepare their annual performance evaluations.

26th Amendment 2024

Last month, President Asif Ali Zardari had signed the 26th Constitutional Amendment Bill into law on the advice of Prime Minister Shehbaz Sharif following its approval by parliament.

The ruling coalition succeeded in pushing the highly contentious judicial reforms through parliament via a two-thirds majority with 225 and 65 votes in the lower and upper house, respectively.

Under the judicial reforms — opposed by the Pakistan Tehreek-e-Insaf (PTI) which boycotted the voting process — the CJP will now be selected by a parliamentary committee and have a fixed term of three years. Also, a new constitutional bench will also be formed under the constitutional package.

Key features of constitutional tweak

• Chief Justice of Pakistan's (CJP) tenure fixed at three years.
• Constitutional benches to be established at the SC and high courts.
• Senior-most judge of each bench to serve as presiding officer.
• Parliamentary committee to nominate new CJP from panel of three most senior judges.
• Committee to propose name to PM, who will then forward it to president for final approval.
• JCP, led by CJP and three others, responsible for appointment of SC judges.
• JCP to monitor judges’ performance, report any concerns to Supreme Judicial Council.
• Complete eradication of Riba (interest) from country by January 1, 2028.