ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial has been urged to immediately call the meeting of the Judicial Commission of Pakistan (JCP) to fill the vacancies of the five judges in the Supreme Court.

Justice Sardar Tariq Masood and Justice Syed Mansoor Ali Shah, who are members of the JCP, have written a letter to the CJP Bandial, who is also the Chairman of the Commission regarding the matter, and forwarded it to the other members of the JCP.

In the letter they stated; “In order to actualize the constitutional obligation under Article 175A(8) of the Constitution meetings of the Judicial Commission of Pakistan (JCP) should automatically be scheduled at the earliest on the occurrence of any vacancy in the Supreme Court.

JCP is not the Supreme Court, but an independent constitutional body, that must have a separate and independent functional secretariat, headed by a professional secretary. This is essential to honour the constitutional obligation and to keep the constitutional courts fully functional in order to ensure speedy dispensation of justice across the country and to protect the right to access to justice of the people of Pakistan.

“Responsibility of the timely filling of the vacancies to a constitutional court falls primarily on the shoulders of every member of the JCP.

Any inordinate delay in the performance of this function, except for an unavoidable cause, which is not there in the present case, is both unfortunate and undesirable. Supreme Court has five vacancies that have piled up since February 2022 over a period of almost nine months. We as members of the JCP have time and again requested you to hold a meeting of the JCP to fill these vacancies.

“Our meetings with you in this regard have ended in vain. One of our senior colleagues and the member of the JCP Justice Qazi Faez Isa has already written to you in this regard on September 2022. It is important to underline that delay in filling the vacancy gives rise to unwanted rumours of petty politics, lobbying and quid pro quo appointments, which not only undermines the institutions but also seriously impairs the neutrality and the transparency of the appointment process.

‘Convene JC meeting to fill judges’ vacancies’, Justice Isa writes to CJP

“We have taken oath under the constitution to ‘preserve, protect and defend the constitution.”

“We are sure, your honour is aware of the legal position enunciated by the Supreme Court in Al-Jihad Trust case that permanent vacancies occurring in the offices of the judges, normally should be filled immediately (but) not later than 30 days,” from the date of occurrence of the vacancies, and that it is a “constitutional obligation” of the Judicial Commission of Pakistan “to ensure that the constitutional offices do not remain vacant and the vacancies are filled in without any delay.”

They wrote that the inordinate delay of almost nine months in this case must be urgently addressed first, in order to swiftly move forward to fill the current vacancies, we had proposed to you in our meetings to either (i) consider the five chief justice of the five High Courts and against the five vacant posts or (ii) consider the top two judges from every High Court and open these options to vote in the next meeting of the JCP. This is the best way forward in the current circumstances, till such time that a more sophisticated selection criteria and constitution compliant Rules are framed.

Copyright Business Recorder, 2022