Appointment of superior court judges: PBC rejects reform panel's Recommendations

Pakistan Bar Council (PBC) on Saturday unanimously rejected the proposed recommendations by the Parliamentary Committee on Constitutional Reforms on the appointment of superior court judges. While opposing the recommendations, the PBC demanded implementation of agreed proposals in accordance with the suggestions of the council given way back in 2000.
Earlier, on February 26, the Supreme Court Bar Association (SCBA) had rejected the panel's recommendations while terming the constitutional committee's agreement over appointment of superior court judges as 'another attack on the independence of judiciary by the executive authorities through the Parliament.'
The PBC held that "instead of a senior lawyer to be chosen by PBC, the vice-chairman of the council should be made part of the judicial commission since he is the elected leader of the lawyers community in addition to the president of the Supreme Court Bar Association and presidents of the four provincial high court bar associations who are also elected offices."
The heated debate on the reform panel's proposals which otherwise was not on Saturday's agenda was tabled before the PBC as its executive committee had decided to refer the matter to the full house of the council, which held its meeting under Abul Inam, the vice-chairman of the council. The meeting considered the panel's recommendations and compared it with council's own proposal on appointing a judicial commission on the appointment of judges, as it suggested in 2000.
In 2000, the PBC had asked for a committee comprising the chief justice of Pakistan, two senior judges of the Supreme Court, chief justices of the four high courts, vice-chairman of the PBC, president Supreme Court Bar Association (SCBA), presidents of the four provincial high court bar associations and four senators representing the four provinces as well as the Parliament to ensure transparency and merit in the appointment of judges. On the other hand, the panel's recommendation emphasised to maintain the delicate balance of trichotomy of powers through the judicial commission comprising the chief justice as its chairman, two senior most judges of the Supreme Court, federal minister for law, attorney general and a senior advocate to be nominated by the PBC.
The panel's judicial commission will recommend one name for each vacancy in the Supreme Court or the high court to the parliamentary committee that will comprise four members each from the Senate and the National Assembly to be equally divided between the treasury and the opposition.
Presently, the president appoints the Chief Justice of Pakistan and other judges in consultation with the CJ, which is binding unless justifiable reasons are provided. Meanwhile, a resolution was passed that earlier was moved by Advocate Abdul Kundi for holding trial against former President Pervez Musharraf and his abettors for trampling the constitution.
In addition, the council took up a reference relating to professional misconduct against former Attorney General Malik Qayyum, which was sent to it by the Law Ministry in compliance with the Supreme Court short order of December 16, 2009 while deciding the NRO.
The council decided to send it back to the ministry saying it has no evidence or documents to prove the allegations against Malik Qayyum besides the ministry has referred the matter because a similar case involving former AG Sardar Latif Khosa was pending with the council.
The council recalled that the case of Sardar Khosa was sent to it by the Supreme Court when that of Malik Qayyum was sent by the ministry. On December 16, 2009 a full court bench of the apex court had ordered the federal government to proceed against Malik Qayyum by declaring his acts of addressing communications to Swiss authorities regarding withdrawal of pending case against President Asif Ali Zardari as unauthorised, unconstitutional and illegal.
Regarding the election dispute between SCBA President Qazi Anwar and challenger Barrister Bacha, the council decided to refer the matter back to its executive committee, which enjoys authority under the PBC rules to settle such matters.
Barrister Bacha who had lost the annual election of the SCBA held on October 28, 2009 for the prestigious slot of the association president with a thin margin of 22 votes had filed petition seeking ineligibility of Qazi Muhammad Anwar, on the charges of alleged rigging in the elections as well as being a convict for possessing grenades and detonators in the past.