Expert draws on JC meeting minutes, CJP letter to refute ‘judicial package’ speculation

KARACHI: Minutes of the Judicial Commission (JC) meeting and a letter by Chief Justice Qazi Faez Isa refute media speculation that the chief justice postponed a May JC meeting to facilitate the government’s proposed ‘judicial package’.

In a thread on X (formerly Twitter) on Tuesday night, lawyer Reema Omer referred to “speculation in the media that [the] CJP postponed the Judicial Commission meeting in May to facilitate [the government’s] ‘judicial package’, [including] increasing the age of retirement of SC judges to give [the] CJP an ‘extension’”.

This, said Omer, can be refuted by referring to the minutes of the JC meeting as well as a recent letter by the chief justice.

Elaborating on this, she added that the minutes published after the Judicial Commission meeting “say that the law minister requested the meeting be deferred since [the government] was considering amending Article 175A (which relates to the powers/composition of the JC + PC). On Justice Afridi’s suggestion and after taking the JC’s view, the meeting was postponed”.A closer look at the minutes of the said meeting shows what Reema Omer is pointing to. Specifically, the minutes say that “....at the outset, the federal law minister requested the Commission to defer the meeting because the federal government was considering amending Article 175-A of the constitution...”

The minutes then add that “Justice Yahya Afridi therefore suggested that since the government was intending to propose amendments to the constitution, discussion on the agenda should be deferred and the meeting should be adjourned....”

In her thread, Reema Omer also referred to a letter written by Chief Justice Qazi Faez Isa, pointing out that: “Similarly, in his letter to [the] CJs of high courts regarding the upcoming meeting of the Judicial Commission on 13 Sept, [the] CJP says he wanted the JC meeting in May regarding revising its rules to proceed, but it was postponed ‘in deference to the wishes of the majority’”.

In the said letter (dated August 28) Chief Justice of Pakistan Qazi Faez Isa urged the chief justices of high courts across Pakistan and Islamabad to begin nominating additional judges to fill vacancies in the judiciary, emphasizing the importance of these appointments for the smooth functioning of the courts.

In the letter, CJP Isa explained that: “Having fulfilled my responsibility I now look to you to attend to the working of your respective high courts and to consider suitable names for appointment of judges”. He added that “the rules of the Judicial Commission of Pakistan were enacted in 2010, and heeding to the persistent demand of bar councils and bar associations to make the process of nomination transparent and democratic, I had constituted a committee to propose amendments to the said rules”.

According to the letter, “The said committee submitted its report, and a meeting was called on May 3, 2024, for the consideration of its recommendations”. Wrote CJP Isa, “I wanted the meeting to proceed, however, the meeting was postponed in deference to the wishes of the majority. To consider the recommendations of the committee, a meeting has again been called”.