ISLAMABAD: As the Judicial Commission of Pakistan (JCP) rescheduled its meeting to Feb 10 from Feb 11 to consider filling eight vacant seats of judges at the Supreme Court, a petition on Thursday sought postponement of the meeting until adjudication of challenges to the 26th Amendment.

The chief justices of all the high courts will also be considered for their elevation to the apex court.

The meeting, set for Feb 10 at 2pm in the conference room of the SC building, has been rescheduled in view of the engagements of some members of the commission.

However, the Lahore High Court Bar Association has moved an ap-plication before the apex court through Advocate Muhammad Waqar Rana seeking postponement of the JCP’s meeting.

LHCBA wants process put off until challenges to 26th amendment decided

The application says that in order to maintain public trust and impartiality in the judiciary and to ensure its independence it is imperative for the appointment process to be beyond suspicion, transparent and in accordance with the constitution.

The judiciary is the last line of def­ence against the violation of people’s fundamental rights, the petition arg­u­­­ed, adding that making judicial ap­­p­o­intments in accordance with the Cons­titution is necessary for people’s rights.

It is well established that the greatest transgressor of people’s right is the executive branch of the government, it said. However, giving a primacy to the legislature and executive in the matter of such appointments will deny fundamental rights to the people and allow parliament and executive to become judges of their own cause by picking judge of their own choice, it claimed.

The petition highlighted that soon after hearing on cases regarding the 26th Amendment by the eight-judge Constitutional Bench, the JCP’s meeting was called by its chairman (chief justice) to consider appointment of eight judges.

The JCP is constituted under Article 175A as amended by the 26th Amendment, which has altered the composition and functioning of the JCP in favour of the executive to dominate and control the judiciary, the plea alleged.

This is contrary to the principles of separation of powers and independence of judiciary which are basic and salient features of the Constitution, it said, adding that any appointments made under the purported new constitutional dispensation and their presence on the bench will create a conflict of interest and undermine the fair administration of justice, rule of law and constitution, it said.

In this background, convening of the JCP meeting may undermine the independence of judiciary, the petition feared, adding that there was a general perception among people that the appointment of such a huge number of judges under the new dispensation was aimed at packing the court with the judges who, having been appointed under the new provision, may not be independent and free from personal bias.

Published in Dawn, January 31st, 2025