Process to form constitutional benches gets under way

ISLAMABAD: Chief Justice of Pakistan (CJP) Yahya Afridi has summoned the maiden meeting of the newly constituted Judicial Commission of Pakistan (JCP) on Nov 5 to discuss the nomination of judges for constitutional benches in the Supreme Court.

Earlier, National Assembly Speaker Ayaz Sadiq nominated four parliamentarians from the upper and lower houses on the basis of equal representation of treasury and the opposition, along with one woman for the JCP, making a total of five nominations. He forwarded the names to the JCP secretary for constituting the commission to appoint judges to the higher judiciary.

Those nominated include Opposition Leader in the National Assembly Omar Ayub Khan, MNA Sheikh Aftab Ahmed of PMLN from the National Assembly, Farooq H Naek and Shibli Faraz from the Senate, and Roshan Khursheed Bharucha as woman member of the commission. Names of two senators were nominated by Senate Chairman Yusuf Raza Gilani under Article 175-A of the Constitution on the advice of the Leader of Senate Ishaq Dar and the opposition leader. The speaker forwarded the names after consulting Senate Chairman Yusuf Raza Gilani and all parliamentary parties.

According to the 26th Amendment, five members of parliament would be a part of the Judicial Commission and nominations would be made on the basis of equal representation from both the government and opposition sides. The nominated female member of the commission, Roshan Bharucha, hails from Balochistan and she has served as a senator earlier.

These nominations were made by the NA speaker as per sub-paragraph (viii) of clause 2 of Article 175A of the Constitution of the Islamic Republic of Pakistan, which permits him to nominate a woman or a non-Muslim to the Judicial Commission.

According to sources, the PPP had nominated its Chairman Bilawal-Bhutto Zardari and Senator Farooq H Naek as members of the Judicial Commission in view of the government’s promise of equal representation in the commission. Sources said the PPP wanted that the Judicial Commission should include two PTI, two PPP and two government members, including the law minister and attorney general with equal representation.

However, the PMLN insisted that PPP and PMLN should have one member each from both houses of parliament for the Judicial Commission. The PPP, under protest, withdrew the name of Bilawal Bhutto Zardari as a member of the commission.

However, 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 (Nov 5) in the SC building.

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

Commission Chairman CJP Afridi, SC puisne judge Justice Mansoor Ali Khan, Justice Munib Akhtar, Justice Aminuddin Khan, Senator Farooq H 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, the senior most member of constitutional bench would also be included in the top judicial body after its formation in line with the 26th Amendment.

The commission was reconstituted following the enactment of the 26th Constitutional Amendment and would now include members of parliament. The JCP would have a 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 prepares their annual performance evaluations.