• Justice Munib walks out after taking issue with law minister’s absence
• AGP says govt still in deliberations on ‘Constitutional Package’

ISLAMABAD: The Judicial Commission of Pakistan (JCP) meeting on Friday was marred by controversy over a proposed constitutional package on judiciary, prompting a walkout by Justice Munib Akhtar of the Supreme Court.

At the outset of the proceedings, according to a source privy to the meeting, Justice Munib Akhtar, a member the JCP, pointed out the absence of Law Minister Azam Nazeer Tarar, who had to skip the huddle due to some engagements, and recalled that the minister had on May 3 assured that he would provide a detailed explanation of the legal aspects of the package in the commission’s next meeting.

On May 3, the law minister had requested a deferment of the meeting, citing the government’s plan to introduce the constitutional package aimed at amending provisions related to the appointment, elevation, posting, and transfer of superior court judges.

The CJP had to postpone the meeting due to the summer vacations of the Supreme Court, Federal Shariat Court, and high courts. Besides, several members were on vacation, and some judges were abroad. Consequently, it was decided to reconvene the JCP meeting after the commencement of the new judicial year.

According to the source, when Justice Akhtar inquired about the constitutional package, Attorney General for Pakistan (AGP) Mansoor Usman Awan responded that the government’s deliberations on the package were still ongoing. Moreover, he noted that it was beyond the JCP’s mandate to request constitutional amendments, as the meeting’s purpose was to discuss recommendations of the commission’s rules-making committee.

The AGP further emphasised that, as members of the commission, all participants in the meeting were equal and, therefore, no one could raise matters outside the meeting’s agenda.

Chief Justice of Pakistan (CJP) Qazi Faez Isa, who was presiding over the full 29-member JCP meeting, observed that the commission was not entitled to inquire about the outcome of the constitutional package, and also reminded that this was discussed in the last meeting.

At this point, Justice Munib Akhtar walked out of the meeting, stating that he could no longer participate unless his question about the constitutional package was answered.

The almost five-hour-long JCP meeting, which commenced at 11am, was attended, among others, by the chief justices of Federal Shariat Court and five high courts, the AGP, Pakistan Bar Council (PBC) representative Akhtar Hussain, former SC judge Justice Manzoor Ahmed Malik, provincial law ministers, and provincial bar council representatives. Akhtar Hussain attended the meeting virtually from Karachi and Manzoor Malik from Lahore.

The JCP Rules, formulated in 2010 under Article 175A(4) of the Constitution during then CJP Iftikhar Muhammad Chaudhry’s tenure, have faced consistent calls for revision.

In response, CJP Faez Isa initiated the revision process and established a committee on Dec 8 last year. The committee, co-chaired by Justice Syed Mansoor Ali Shah and Manzoor Malik, comprises senior puisne judges from all high courts, the AGP, Akhtar Hussain, and members from provincial bar councils.

The committee submitted its draft rules which were circulated among all JCP members under Article 175A of the Constitution.

On Friday, CJP Isa asked Justice Mansoor Ali Shah to present the draft rules and then invited the members to express their views.

Consequently, proposals were put forward, leading to a broad consensus on the matter. Suggestions were also made to make amendments and increase the number of pro formas to attend to the different categories. It was decided to attend to the same by modifying the draft rules.

After the conclusion of the discussion, the members proposed that the CJP and Justice Shah amend the draft rules and present them in the next meeting of the commission on Sept 28 at 10am.

According to suggestions made by the rules-making committee, the JCP chairperson will propose three names for appointment of a judge in the Supreme Court for each vacancy and will convene the JCP meeting for deliberation not later than 15 days before the occurrence of the vacancy.

Likewise, for the appointment of the high court chief justice, the JCP chairperson will convene a meeting to consider five senior-most judges of the high court concerned at least one month before the occurrence of the vacancy.

For the appointments of judges of the high courts, the JCP chairperson will call nominations from the selection committee concerned not later than 60 days and convene a meeting of the commission for deliberations not later than 30 days before the occurrence of the vacancy.

Published in Dawn, September 14th, 2024