JCP meeting on judges’ elevation: Justice Masood calls for release of ‘factual minutes’

ISLAMABAD: Justice Sardar Tariq Masood as demanded release of factual and correct detailed minutes of the Judicial Commission of Pakistan (JCP) meeting, called to consider the names of five judges of high courts for their elevation to the Supreme Court.

He, on Friday, in a two-page letter, written to the JCP chairman and members, narrated his version of the JCP meeting, which took place on July 28, 2022, to consider the names of Chief Justice Peshawar High Court (PHC) Qaisar Rashid Khan, Sindh High Court (SHC) judges – Justice Syed Hasan Azhar Rizvi, Justice Muhammad Shafi Siddiqui, Justice Naimatullah Phulpoto, and Justice Shahid Waheed of the Lahore High Court (LHC) to fill the existing vacancies in the Supreme Court.

Justice Qazi Faez Isa, senior puisne judge of the Supreme Court, a day ago (Thursday) after the JCP meeting, also wrote a letter to the JCP chairman and members, wherein, he stressed that the JCP’s decision made on the appointment of the judges be released publicly.

After the JCP meeting, PRO Supreme Court on Thursday issued a press release stating; “The Chairman JCP deferred the meeting in order to enable the Chairman/CJP to place additional information and data about the nominees already proposed and if he considers appropriate, add more names to the list of proposees for consideration by the JCP in the next meeting.”

Justice Masood, in his letter, released on Friday, wrote that he came to know that a press release has been issued by the Public Relations Officers of the Supreme Court giving totally different version of the events from what actually occurred during the meeting.

He stated that the press release of PRO is contrary to the facts, as no one during almost three hours long meeting, proposed to postpone the meeting. The meeting was ended abruptly. “It was wrongly mentioned in the press release that four members of the Commission have requested for postponement of the meeting.” The PRO is not a member of the Commission nor is he the Commission’s secretary.

Justice Tariq also demanded to release of factual and correct detailed minutes of the meeting giving detail of observations/discussion of each member in the meeting room. “The correct minutes of the meeting, if made publically, will stop needless rumors.

He wrote; “Yesterday (July 28) when the meeting started, the CJP/Chairman Judicial Commission of Pakistan (JCP) described the credentials of his nominee judges and then requested Justice Sarmad Jalal Osmany, former judge of the Supreme Court, a member JCP, for his views regarding the nominations and he endorsed four nominees and disapproved the nomination of Justice Naimatullah Phulpoto. Thereafter, Justice Sajjad Ali Shah and Justice Ejazul Ahsan fully endorsed the CJP nominees.”

“I after discussing the seniority principle … recommended that Chief Justice of Islamabad High Court Athar Minallah, who is 2nd in seniority among the chief justice of all the High Courts, be considered and stated that no one has raised a finger against his integrity, competency.”

“I did not approve three nominated judges of the Sindh High Court (SHC) and one judge of the Lahore High Court and requested to defer the nomination of the judges of the Peshawar High Court.” The Law Minister, Attorney General for Pakistan and the representative of Pakistan Bar Council agreed with my recommendations. Justice Qazi Faez Isa also agreed with me, Justice Tariq further wrote.

He stated; “When Justice Qazi Faez was in the middle of his reasons for disapproval, the matter became clear that five members of the JCP have disapproved the names of four nominees of the CJP. At that juncture unprecedently, undemocratically and without dictating his decision of the commission and formally ending the meeting abruptly the Chairman (CJP) stood up followed by Mr Justice Ijaz and left the meeting room by uttering the word ‘adjourned.’

Copyright Business Recorder, 2022