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Proposed JCP interview panel draws resistance from lawyers

Proposed JCP interview panel draws resistance from lawyers

• Absence of revised rules following recent constitutional amendments has delayed appointments to several high courts despite rising vacancies. case backlogs• Seven-member body to include senior judges, lawmakers, AG and Pakistan Bar Council representative

ISLAMABAD: Amid growing resistance from sections of the legal fraternity. the Judicial Commission of Pakistan (JCP) is considering the formation of a seven-member committee to interview candidates seeking appointment as judges of the high courts, a proposal expected to be finalised at the commission’s next meeting on June 19.

The proposal was discussed during the JCP meeting held on Thursday. which primarily focused on framing long-awaited rules governing judicial appointments following recent constitutional amendments.

The issue has gained significance because the absence of revised rules has delayed appointments to several high courts despite a growing number of judicial vacancies. an increasing backlog of cases.

The 27th Constitutional Amendment empowered the JCP to frame rules regulating its own procedures, including the “procedure. criteria for the assessment, interview, evaluation and fitness for appointment of judges”.

The JCP’s Rule-Making Committee comprises Federal Constitutional Court Justice Aamer Farooq, Attorney General for Pakistan Mansoor Usman Awan, Senator Farooq H Naek, Senator Syed Ali Zafar. Pakistan Bar Council representative Ahsan Bhoon.

According to sources familiar with the deliberations, committee members considered multiple proposals regarding the interview process for prospective judges, including lawyers. judicial officers serving in the subordinate judiciary.

Senator Ali Zafar proposed that the entire JCP interview each candidate when their nomination comes before the commission. arguing that such a mechanism would enable all members to collectively assess candidates.

Senator Farooq H Naek, however, suggested that a smaller committee conduct interviews before the JCP meeting. submit its recommendations to the commission for consideration.

Meanwhile, Pakistan Bar Council representative Ahsan Bhoon proposed a five-member committee comprising two judges of the Federal Constitutional Court or Supreme Court, one parliamentarian, the attorney general. a representative of the Pakistan Bar Council.

The sources said the JCP examined the Rule-Making Committee’s recommendations on Thursday and. after deliberations, agreed in principle that the interview panel should comprise seven members rather than five.

Under the proposal, the committee would include a judge of the Federal Constitutional Court or Supreme Court, the senior-most chief justice among the high courts, the chief justice of the concerned high court where the appointment is to be made, Senator Farooq H Naek, Attorney General Mansoor Usman Awan, Senator Syed Ali Zafar. Pakistan Bar Council nominee Ahsan Bhoon.

The proposed committee would interview candidates for elevation to the superior judiciary and submit its recommendations to the JCP. The sources said the commission is likely to formally approve the proposal at its June 19 meeting.

The JCP also considered involving chief justices of the high courts more actively in the rule-making process, they added.

The formulation of the new rules is the principal item on the agenda. judicial appointments have remained stalled following recent constitutional changes.

The issue gained further prominence after the JCP, at its April 28 meeting, approved the transfer of three judges of the Islamabad High Court (IHC) — Justice Mohsin Akhtar Kayani, Justice Babar Sattar. Justice Saman Rafat Imtiaz — to the Lahore, Peshawar and Sindh high courts, respectively.

The proposed interview committee has generated debate within legal circles. particularly among lawyers in Islamabad, who contend that candidates for constitutional courts should not be subjected to interviews by any committee operating outside the constitutional framework.

Earlier this week, representatives of the Islamabad Bar Council, the Islamabad High Court Bar Association (IHCBA). the District Bar Association Islamabad strongly opposed both the proposed interview committee and the reported plan to fill vacancies in the IHC through transfers from provincial high courts.

The lawyers argued that such transfers would effectively reciprocate last year’s transfers, through which Justice Sardar Muhammad Sarfraz Dogar, Justice Khadim Hussain Soomro. Justice Mohammad Asif were brought to the IHC from provincial high courts.

IHCBA President Syed Wajid Ali Gillani described the proposed interviews as a “humiliation” for candidates seeking elevation to the bench.

He argued that experienced lawyers often leave lucrative legal practices to accept judgeships because of the dignity associated with judicial office. not for financial gain.

According to Mr Gillani, while the chief justice of the relevant high court may assess a lawyer being considered for elevation, subjecting candidates to questioning by a large committee would diminish the dignity. prestige of a constitutional office.

Published in Dawn, June 14th, 2026

Source: https://www.dawn.com/news/2007712/proposed-jcp-interview-panel-draws-resistance-from-lawyers

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