ISLAMABAD: The Rules Committee on Tuesday posted the proposed Judicial Commission of Pakistan (Appointment of Judges) Rules, 2024, on the official website of the Supreme Court for public comments and feedback.
Chief Justice of Pakistan/Chairman JCP Yahya Afridi on December 6, 2024 in consultation with Justice Syed Mansoor Ali Shah constituted a committee, headed by Justice Jamal Khan Mandokhail and comprising Attorney General for Pakistan Mansoor Usman Awan, Senator Ali Zafar, Senator Farooq H Naek and Akhtar Hussain, representative of Pakistan Bar Council, to prepare draft rules for the procedure of judges’ appointment in the superior courts.
Rules 2024 will repeal the Judicial Commission of Pakistan Rules, 2010.
In a statement by the SC office, Chairperson of the Rules Committee Justice Mandokhail expressed gratitude to all the esteemed members of the committee for their efforts in drafting the proposed rules of procedure for the appointment of Judges to the Supreme Court, the Federal Shariat Court, and the High Courts, and to the officers of the Secretariat of the Commission in assisting the committee. He also extended thanks to all those who submitted their valuable suggestions and proposals to the committee.
The statement said that the feedback and suggestions from the general public are encouraged and will be placed before the commission for consideration at its forthcoming meeting scheduled for 21st December 2024.
It also said that all comments and feedback must be submitted by the 20th of December 2024 at the email address: jcprules @scp .gov.pk.
According the draft rules, for the appointment of judges to the Supreme Court, the chairperson, after examining the record of pendency in the Supreme Court, shall determine the number of vacancies for which nominations are to be invited.
For the appointment of Judges to the High Courts or the Federal Shariat Court, the chairperson, in consultation with the respective Chief Justice, shall determine the number of vacancies and the required expertise in a particular field of law for which nominations are to be invited.
It said the merit of a person for appointment as a judge shall be determined in accordance with the criteria set out in the oath of office of a Judge under the Constitution, which requires the ability to do right to all manner of people, according to law, without fear or favour, affection or ill-will.
In assessing the merit of a nominee, these factors shall be taken into consideration: (a) professional qualifications and experience; (b) legal ability; (c) efficiency; (d) communication skills; (e) integrity and independence; and (e) any other matter deemed relevant by the Commission.
It also said any person who directly or indirectly approaches a member to influence the initiation of his or her nomination shall be disqualified from consideration for appointment as a Judge.
In initiating and finalising the nominations for the appointment of judges in the High Courts, the members shall ensure fair representation of both the advocates and the judicial officers.
Provided that, in the case of judicial officers, in addition to the fitness determined in accordance with the prescribed criteria, their seniority in judicial service shall also be considered.
(2) For the purpose of initiating nomination of a judicial officer, a Member may, through the Secretary, request any report regarding the service record of the judicial officer concerned from the respective High Court.
Diversity in Appointments: In initiating and finalising the nominations for the appointment of Judges in the High Courts, the Members shall, subject to the prescribed criteria, ensure proper diversity in terms of gender, region, religion and expertise in particular fields of law.
Procedure for Confirmation of Additional Judges: (1) Upon taking the oath of office, an Additional Judge of a High Court shall inform, in writing, the Registrar of the High Court concerned about the area of his or her expertise, with a copy of the intimation sent to the Secretary for the record of the Commission.
Nominations for Appointment: (1) For each anticipated or actual vacancy of a Judge in the Supreme Court, the Chief Justice of the Federal Shariat Court, the Chief Justice of a High Court, a Judge in the Federal Shariat Court or a Judge in a High Court, any Member of the Commission may give nominations in the Commission for appointment against such vacancy.
Explanation-I: Nomination for the appointment of a Judge to the Supreme Court shall be made with due regard to ensuring fair representation of all High Courts.
Explanation-II: Nomina-tions for the appointment of a Judge to the Supreme Court shall be made from among the five most senior Judges of the High Court concerned.
Explanation-III: Nomina-tions for the appointment of the Chief Justice of a High Court shall be made from among the three most senior Judges of that High Court.
Verification of Information and Antecedents of Nominees: (1) The Secretariat shall, upon receiving the nominations within the prescribed time, obtain reports from the relevant authorities regarding the verifiable information provided in the nomination forms, and shall also obtain reports from at least two civil intelligence agencies on the general antecedents of the nominees.
(2) In cases where adverse remarks are included in the reports obtained under clause (1), the officers making such remarks shall sign them, stating their name and designation.
Convening of Meeting of the Commission: (1) The Chairperson shall, upon receiving the reports under Rule 11 at the Secretariat, convene a meeting of the Commission to deliberate on and finalise the nominations:
Procedure of Deliberation on Nominations: (1) The Chairperson shall regulate the proceedings of the meetings of the Commission and ensure that all Members are given equal opportunity to express their views during deliberations.
The nominees shall be present at the meeting of the Commission during the consideration of their nominations:
Provided that the Commission shall decide, on a case-to-case basis, which of the nominees are to be interviewed.
(5) The Commission may call for such additional information regarding a nominee as it considers necessary.
(6) After the deliberations, voting on the nominations shall be conducted either by secret ballot or by a show of hands, as determined by the Commission:
Provided that each Member shall cast one vote for each vacancy.
Illustration: In the case of secret ballot, if there are five vacancies, each Member shall cast only five votes. Any votes cast beyond the initial five shall not be considered.
Confidentiality of Proceedings and Publication of Decisions of the Commission: (1) Unless otherwise directed by the Commission, all proceedings of the Commission shall be conducted in camera to maintain confidentiality.
(2) Only the decisions, and not the deliberations, of the Commission shall be published in a summarized form on the official website or webpage of the Commission.
(3) Members shall not disclose the content of the deliberations, held in the meetings of the Commission, except as authorized by the majority of the Commission or as required by law.
Copyright Business Recorder, 2024
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