PESHAWAR: A former district judge and member of Federal Lawyers Forum, Syed Asghar Ali Shah, has stated that the recently notified Judicial Commission of Pakistan (Appointment of Judges) Rules, 2024, lacked transparency and merit-based selection in appointment of high court judges.

In a statement issued here, he stated that he felt disappointed on the approach of the members of the JCP as to why they agreed to the said rules when it was lacking transparency.

He stated that a little bit hope of merit suggested in the draft of the rules, which included interview and medical examination of the nominee for appointment of a judge of a high court, were dropped in the notified rules.

“The notified rules at the maximum assure share of politicians in the appointment of high court judges which was snatched in the Constitution (Nineteenth Amendment) Act, in the year 2009 and now both the parties (superior court judges and politicians) will share the slots by recommending their own persons as happened before 2009,” he said.

He apprehended that the same non-meritorious selection would continue and the nation would suffer with no hope of independent, impartial and competent judiciary in future.

He questioned the logic of ‘secret selection’ to such a high post stating that the fitness of nominees would not be considered on physical as well as merit.

He also expressed astonishment that the legal community and intelligentsia including social and electronic media were silent on these rules, which he claimed would darken future of this nation.

“One should not worry on having watched in near past a Chief justice focusing on dam construction and may see one in future trying to do some other work having no nexus with his assigned job,” Mr Shah maintained.

He said that these hard truths had to be expressed if one wished rule of law in the beloved motherland.

Published in Dawn, January 6th, 2025