Appointment of judges: Bid to influence JCP to lead to disqualification

ISLAMABAD: The proposed draft rules for the appointment of judges in superior judiciary have strictly mandated that any person who directly or indirectly approaches a member of Judicial Commission of Pakistan (JCP) to influence the initiation of his or her nomination will be disqualified from consideration for appointment as a judge.

The proposed Judicial Commission of Pakistan (Appointment of Judges) Rules 2024 have been posted on the official website of the Supreme Court for public comments and feedback.

According to a press release issued here on Tuesday by Supreme Court Public Relations Department, citizens are encouraged to review the proposed rules and share their feedback, as it will be placed before the JCP for consideration at its forthcoming meeting scheduled for Dec 21.

It was stated that all comments and feedback must be submitted by Dec 20 to the following email address:@jcprules@scp.gov.pk.

Justice Jamal Khan Mandokhail, chairperson of the rules making committee, has expressed gratitude to all the committee members for their dedicated efforts in drafting the proposed rules of procedure for the appointment of judges to the Supreme Court, the Federal Shariat Court and the high courts. He also acknowledged the invaluable assistance rendered by the officers of the JCP secretariat during the process. He also extended thanks to all individuals who submitted their suggestions and proposals to the committee.

Meanwhile, according to 13-page proposed draft rules 2024, the merit of a person for appointment as a judge will be determined in accordance with the criteria set out in the oath of office of a judge under the Constitution and in the assessment of the nominee will be considered keeping in view the professional qualification, experience, communication skills and integrity etc.

The proposed rules strictly mandated that any person who directly or indirectly approaches a JCP member to influence for his/ her nomination will be disqualified.

Similarly, the proposed rules stressed for confidentiality of the proceedings and publication of JCP decisions and resolved that unless otherwise directed by the Commission, all proceedings of the JCP will be conducted in camera to maintain confidentiality, adding that only the decisions, and not the deliberations, of the commission will be published in a summarised form on JCP’s official website.

The rules debarred the JCP members from disclosing the content of the deliberations, held in the meetings of Commission, except as authorised by the majority of the commission or as required by law.

Likewise the proposed draft rules 2024 also repealed the Judicial Commission of Pakistan Rules 2010 by holding that notwithstanding the repeal anything done, action taken, or decision made under the repealed rules shall be deemed valid and shall continue to have effect as if done, taken or made under these rules.

For each anticipated or actual vacancy of a judge in the Supreme Court, the chief justice of the Federal Shariat Court, the chief justice of a high court, a judge in the Federal Shariat Court or a judge in a high court, and a JCP member may give nominations in the commission for appointment against such vacancy.

The proposed rules stressed that in initiating and finalising the nominations for the appointment of judges in the high courts, the members should ensure fair representation of both the advocates and judicial officers. It was proposed that upon taking the oath of office, an additional judge of a high court shall inform, in writing, the registrar concerned about the area of his expertise, with copy of the intimation sent to the secretary for the record of the commission. The rules further proposed that after the deliberations of the commission, voting on the nominations shall be conducted either by secret ballot or by a show hands, as determined by the commission.