Panel comprising mostly ruling alliance members meets today to pick CJP

ISLAMABAD: As the 26th Constitutional Amendment became part of the Constitution on Monday, the Parliament on Monday kicked off the process for nomination of new Chief Justice of Pakistan (CJP) under Article 175A of the Constitution.

The National Assembly secretariat on Monday night notified 12-member Special Parliamentary Committee for nomination of Chief Justice of Pakistan (CJP) under Article 175A as mentioned in 26th Amendment in the Constitution.

“In terms of clause (3B) of Article 175A of the Constitution has been pleased to notify the Special Parliamentary Committee comprising members as per nomination by respective parliamentary leaders based on their strength in Parliament for the nomination of the Chief Justice of Pakistan,” the notification read.

The committee consists of senators Azam Nazeer Tarar from the Pakistan Muslim League-Nawaz (PMLN), Farooq H Naek from Pakistan Peoples Party (PPP), Syed Ali Zafar from Pakistan Tehreek-e-Insaf (PTI), Kamran Murtaza Jamiat Ulema-e-Islam-Fazl (JUIF) and MNAs from the PMLN are Khawaja Muhammad Asif, Ahsan Iqbal and Shaista Parvez, from MQMP is Raana Ansar, from PPP Syed Naveed Qamar, Raja Pervez Ashraf, and from PTI are Barrister Gohar Ali Khan and Sahibzada Hamid Raza.

The committee would hold its first meeting at 4pm at the Parliament House today (Oct 22).

As the coalition government has two-thirds majority in the special committee, the forum is set to finalise the nomination at very first meeting. It may be pointed out the process for appointment of the new chief justice is required to be completed in the next three days as incumbent CJP Qazi Faez Isa is going to retire on October 25.

As per clause 3C of Article 175A, the committee by the majority of not less than two-thirds of its total membership, within 14 days prior to retirement of the CJP would send the nomination. However, the first nomination under clause 3 after commencement of the Constitution (Twenty-sixth) Act 2024 would be sent within three days prior to retirement of the chief justice.

The committee would send name of the nominee to the prime minister who would forward the same to the president for the appointment. The committee constituted would nominate new CJP from amongst Justice Syed Mansoor Ali Shah, Justice Munib Akhtar and Justice Yahya Afridi--three senior most judges of Supreme Court after the incumbent chief justice.

However, the clause (3) of Article 175A also says that if the nominee from amongst three senior most judges declines, the remaining judges from amongst three senior most judges would be consider for nomination.

Earlier, on Prime Minister Shehbaz Sharif’s advice President Asif Ali Zardari gave his assent to ‘the Constitution (26th Amendment) Bill 2024’ turning it into an Act. After Presidential assent, it was notified in the Gazette of Pakistan.

National Assembly Speaker Sardar Ayaz Sadiq wrote a letter titled ‘Constitution of the Special Parliamentary Committee under Article 175A of the Constitution’ to the Senate Chairman Syed Yousaf Raza Gilani for constitution of 12-member special parliamentary committee for nomination of the new CJP.

The special parliamentary committee under clause 3A of Article 175A would comprise eight members from the National Assembly and four members from the Senate. “I have the honour to invite your attention to Article 175A of the Constitution whereby is to be nominated by the special parliamentary committee from amongst three most senior Judges of the Supreme Court,” the letter said.

The Speaker drew attention of the Senate chairman that under clause 3B of Article 175A, the parliamentary parties shall have proportional representation in the committee based on their strength in Parliament to be nominated by respective parliamentary leaders.

Therefore, the Speaker said that four members from the Senate may be nominated for the special parliamentary committee. Meanwhile, the National Assembly secretary has also written letters to parliamentary leaders of Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PMLN), Muttahida Qaumi Movement-Pakistan (MQMP) and Sunni Ittehad Council (SIC) to seek nomination of their MNAs for the special parliamentary committee.

Responding to Speaker’s letter, Senate Chairman Gilani sent names of four senators, Azam Nazeer Tarar, Farooq H Naek, Ali Zafar and Kamran Murtaza for representation in the special parliamentary committee.

The names were suggested by the parliamentary leaders of the respective parties in the Senate after receiving the message from the Senate chairman. Addressing the National Assembly after the House passed the legislation, Prime Minister Shehbaz Sharif said that the 26th Constitutional Amendment passed by Parliament would prove to be a milestone in the country’s history besides safeguarding its future.

“This is a historic day. The 26th Constitutional Amendment is not just an amendment but another magnificent example of national solidarity and unity. Today a new dawn will usher in and a new sun will rise which will brighten the whole country,” he said.

He said that the new constitutional amendment would also help end the palatial conspiracies to oust the governments and remove the prime ministers besides ensuring the riddance from the verdicts like Reko Diq and Karkey which cost the country billions of dollars.

Besides, this will also address the sufferings of the millions of people who had to wait for years to seek justice from the Supreme Court, he added. The prime minister said that with the passage of the 26th Constitutional Amendment Bill, the unfulfilled dream of the Charter of Democracy had been realised which was signed by Shaheed Benazir Bhutto and Mian Nawaz Sharif in 2006 and also endorsed by Maulana Fazlur Rehman.

Responding to criticism by an opposition member, the prime minister said the legislation was made by the votes of allied parties and the independent candidates, not by any turncoats. He said the country had witnessed great judges like Justice Robert Cornelius but there were also some others who sacked two prime ministers with one on the basis of Iqama, when nothing was found in the Panama case.

He told the members that the 26th Constitutional Amendment had ascertained the supremacy of Parliament. The prime minister, who earlier went to the seats of the parties’ leaders to thank them, particularly mentioned President Asif Ali Zardari, Bilawal Bhutto Zardari, JUIF’s Maulana Fazlur Rehman, Khalid Maqbool Siddiqui, Salik Hussain, Abdul Aleem Khan, Sardar Khalid Magsi, Aimal Wali Khan, Abdul Malik Baloch, Ijazul Haq, Professor Sajid Mir and others and expressed gratitude for their support to make such an amendment in the Constitution that would “strengthen and safeguard the country’s future.”

Shehbaz wished the PTI would have joined the legislation process but he said that despite their absence, Parliament gave a message that the political parties and their leaders set aside their personal interests and went ahead to pass the amendment “which will become a milestone in the country’s history”.