Malik Waqar
Senator Ali Zafar, a member of the Judicial Commission of Pakistan (JCP), has requested Chief Justice Yahya Afridi to delay the appointment of new judges to the apex court until the issue of the seniority of the Islamabad High Court judges was decided.
The Pakistan Tehreek-e-Insaf (PTI) senator penned a letter to the chief justice, requesting the chief justice to postpone the JCP meeting scheduled for Monday (today) to consider filling eight vacant seats of the judges at the Supreme Court.
“This is to request for postponing the meeting of JCP scheduled to be held on 10th February 2025 until the matter of seniority of judges of the Islamabad High Court is decided in accordance with law,” Zafar wrote to the chief justice.
He said that he was concerned with the “controversy surrounding the seniority” list of the IHC judges, which erupted after the transfer of judges to the IHC under Article 200 of the Constitution and a new roster of seniority of the judges was issued.
He was referring to the transfer of three judges – one each from the Lahore, Sindh and Balochistan high courts – to the IHC on February 1. Subsequent to the transfer, the IHC issued a new roster of seniority which placed one of the transferred judges as the senior-most judge.
Senator Ali Zafar said that objections had been raised to the new seniority list by five sitting IHC judges and four sitting Supreme Court judges, hence, the creation of a new seniority roster “seriously undermined” the perception of independence of judiciary.
He also mentioned the objections raised by Supreme Court and IHC judges, who said in their separate letters to the chief justice that the transferred judges could be considered fresh appointments and administered fresh oath of office under Article 194.
Senator Ali Zafar also pointed out that four Supreme Court judges, had “also raised the fear of ‘court packing’ in the Supreme Court”, adding: “This perception will cause long lasting damage to the administration of justice.”
Stressing that “comity amongst judges is of the utmost importance”, Zafar stated that the judiciary derived its efficacy “from the perception of impartiality and independence that it fosters, which is necessary for the citizenry to be able to willingly accept its orders and judgments”.
The PTI senator said that perception in the general public and many in the legal community that these developments might be linked to high profile appeals filed by PTI founder Imran Khan and his wife Bushra Bibi, which were pending before the IHC.
“The meeting of the JCP for the appointment of judges to the Supreme to be held on the 10th February 2025 has a direct nexus with the issue at hand,” the letter read. “In order to ward off such perceptions and uphold public trust, it is important for the JCP to act with heightened care and caution”, it added.
The JCP – responsible for judicial appointments – was reconstituted to include four parliament members after the 26th Constitutional Amendment. The meeting on Monday (today) was called to consider filling eight vacant seats of judges at the Supreme Court.
Just a couple of days ago, Supreme Court’s Senior Puisne Judge Mansoor Ali Shah, and justices Munib Akhtar, Athar Minallah and Ayesha Malik addressed a letter to Chief Justice Afridi, asking him to delay the appointment of new judges till the decision on the appeals regarding the 26th Amendment.
The letter requested that Monday’s meeting be postponed till the challenge to the 26th Constitutional Amendment was decided, or at least until the Constitutional Bench decided the pleas for a full court hearing, and till the seniority of the IHC was finally determined.
The judges said the “existing and continuing state of affairs and certain recent developments” had compelled them to make the request. They pointed out that the challenges to the 26th Amendment were lingering and languishing before the Constitutional Bench.
