ISLAMABAD: Justice Jamal Khan Mandokhail proposed to Justice Syed Mansoor Ali Shah to suggest names for appointment in High Courts after the approval of draft rules for the procedure of judges’ appointment in superior courts.
Justice Mandokhail in his reply to Justice Mansoor’s letter stated: “You and I are the members of the Judicial Commission of Pakistan (JCP).”
He wrote that the Commission in its meeting on December 6 had authorised Chief Justice of Pakistan/ Chairman JCP Yahya Afridi to constitute a committee to prepare the draft rules for the appointment of judges in superior judiciary.
He said that CJP Yahya Afridi in consultation with you constituted the committee and I was nominated as chairman, while Attorney General for Pakistan Mansoor Usman Awan, Senator Ali Zafar, Senator Farooq H Naek and Akhtar Hussain, representative of Pakistan Bar Council were nominated its members.
The committee has been tasked to prepare the draft rules for assessment, evaluation and fitness for the appointment of judges under Section 4 of Article 175A of the Constitution.
Justice Mandokhail wrote that two meetings of the committee have already been held, adding in one of its meeting the committee considered the JCP Rules, 2010. He apprised; “that most of suggestions highlighted by you (Justice Mansoor) have been incorporated in the draft rules, which I have personally shared with you prior to your letter.”
Justice Mansoor a day ago (Friday) wrote a letter to Justice Mandokhail for being chairman of the Committee, tasked to prepare the draft rules for the procedure of judges’ appointment in superior courts.
Justice Mandokhail in reply further said that the committee is only tasked to prepare rules, which will be placed before the Commission in its next meeting scheduled on December 21.
Justice Mandokhail wrote that he came to know that you have recommended some names for their elevation to the Lahore High Court and Islamabad High.
Justice Mandokhail proposed that he suggest these names and some other names after the approval of the draft rules, so that proper elevation be made.
He wrote; “Let me make it clear that it is my firm view that as per the mandate of Constitution the judiciary be made independent and impartial. Members of judiciary should be competent and honest persons.”
Justice Mandokhail wrote that so far the issue of 26th Amendment raised by you in the letter, I will not comment on it as the matter is subjudice before the Court.
Copyright Business Recorder, 2024