Judicial Commission of Pakistan (JCP) Restrained from Discussing 26th Amendment
ISLAMABAD: The Chief Justice of Pakistan (CJP), Yahya Afridi, clarified on Friday that the Judicial Commission of Pakistan (JCP) does not hold jurisdiction to deliberate on the 26th Constitutional Amendment. This statement came during a key JCP meeting where the focus was placed on procedural reforms and judge appointments.
While chairing the meeting, CJP Afridi emphasized that after the 26th Amendment, the constitutional bench committee was empowered to resolve matters related to constitutional challenges. Justice Syed Mansoor Ali Shah, a senior judge of the Supreme Court, had proposed forming a full court to hear identical petitions challenging the amendment. However, the majority of JCP members supported CJP Afridi’s stance, ruling out further deliberation on the matter.
Key Discussions at the JCP Meeting
The JCP meeting tackled various agendas, including the nomination of judges for constitutional benches, drafting procedural rules, and prioritizing the appointment of additional judges for the Sindh and Peshawar High Courts.
To streamline its operations, the commission unanimously decided to frame rules for regulating its procedures. These rules will also establish criteria for evaluating and appointing judges. The drafting committee for these rules is expected to submit its recommendations by December 15, 2024.
The committee includes the following members:
Justice Jamal Khan Mandokhail (Chairman)
Mansoor Usman Awan (Attorney General for Pakistan)
Senator Barrister Syed Ali Zafar
Senator Farooq H. Naek
Akhtar Hussain (Senior Advocate SC)
Support staff includes legal researchers and secretariat officers from the Supreme Court.
Judicial Appointments and Nominations
During the meeting, the JCP approved the nomination of Justice Shahid Bilal Hassan for constitutional benches of the Supreme Court. Similarly, Justice Adnanul Karim Memon and Justice Agha Faisal were nominated for constitutional benches of the Sindh High Court through a majority vote.
However, decisions regarding the appointment of additional judges for the Sindh and Peshawar High Courts were deferred until December 21, 2024. The commission extended the deadline for submitting nominations for these positions to December 10, 2024.
Virtual Participation and Broader Involvement
Justice Munib Akhtar participated in the meeting via video-link from the Supreme Court Branch Registry in Karachi. Other attendees included senior Supreme Court judges, high court justices, and representatives from various bar councils and ministries.
This broad-based participation reflects the JCP’s commitment to ensuring transparency and inclusivity in judicial matters, especially concerning appointments and procedural reforms.
Future Implications
The outcomes of this meeting could significantly impact the judicial framework in Pakistan. By deferring judge appointments and introducing structured rules for the commission’s proceedings, the JCP aims to enhance its operational efficiency.
Furthermore, the clear stance of CJP Afridi on the 26th Amendment underscores the judiciary’s focus on maintaining its constitutional boundaries while addressing complex legal challenges.
Conclusion
The Judicial Commission of Pakistan continues to play a critical role in shaping Pakistan’s judicial system. With ongoing reforms, procedural enhancements, and judge appointments, the commission is expected to bring greater clarity and efficiency to constitutional matters. As the December deadlines approach, all eyes will remain on the JCP to see how it executes its plans and addresses pressing legal issues, ensuring justice and transparency across Pakistan’s courts.
