The judicial commission envisaged by the 18th Amendment Bill is under severe criticism since its inception and on Monday the Supreme Court received another petition against the move terming the amendment an intervention in the independence of judiciary.
District Bar Association Rawalpindi (DBAR) approached the apex court seeking removal of law minister and attorney general from the judicial commission for appointment of superior courts judges. Earlier, on April 17 an identical petition had challenged the proposed judicial commission for appointment of superior court judges. Supreme Court Bar Association (SCBA) had recently adopted a resolution challenging this move as well.
Filed through Advocate Muhammad Ikram Chaudhry under Article 184-3 of the constitution, the petition has nominated the Federation of Pakistan through law minister as respondent. According to this article a judicial commission will be established for the appointment of judges of the Supreme Court.
The petition challenged 18th Amendment to the extent of Article 175-A in the 1973 Constitution of Pakistan that relates to the appointment of judges to the Supreme Court, High Courts and Federal Shariat Court of Pakistan. In addition, the amendment in Article 171(1), 193(1) and 203 (C) has also been prayed to be declared as ultra vires of the Constitution.
"If the amendment is allowed to stay on the statute book, it can cause damage to the concept of independent judiciary and the rule of law," the petition stated. "The same may be declared as inconsistent with the basic features and spirit of constitution," the petition stated, adding that the appointment of senior most judges as chief justice of high courts be also recommended as there was an omission. It said the present assembly does not possess the powers to amend the basic features structure of the constitution as the same was against the very spirit of the constitution and the established law.