Legal Experts Concerned About Judicial Commission of Pakistan Selection Process
Legal experts and lawyers in Pakistan have expressed growing concerns over the merit-based appointment of superior court judges through the new Judicial Commission of Pakistan (JCP). Despite the establishment of rules for the JCP, concerns remain regarding the influence of political parties in the appointment process and the potential compromise of candidate selection.
Former Sindh High Court Bar Association (SCBA) president Barrister Salahuddin Ahmed highlighted the importance of evaluating candidates based on their legal acumen, integrity, and credentials. He emphasized the need for a thorough assessment of each candidate to ensure they meet the institutional requirements of the court they are being appointed to.
Challenges Post-26th Amendment
Following the passage of the 26th Constitutional Amendment, significant changes were made to the composition and functions of the JCP. Advocate Hafiz Ehsaan Ahmad Khokhar noted that these changes allowed all members of the judicial commission to nominate candidates for appointment and elevation in the superior judiciary, a departure from the previous practice where only the chief justice had this authority.
Khokhar acknowledged the importance of transparency in the appointment and elevation process, stressing that it was crucial for all stakeholders, including parliament and bar associations, to have a clear understanding of the selection criteria. Despite reservations from some quarters, the legal framework now mandates the JCP to recommend nominations based on legal expertise, professional reputation, and judicial track record.
Ensuring Justice and Legal Excellence
Khokhar reiterated the critical role of the JCP in appointing capable judges who uphold the principles of justice and maintain a strong legal standing. He emphasized that the appointment of judges should be viewed as a sacred trust bestowed upon the JCP by the Constitution, with the ultimate goal of ensuring the supremacy of law and delivering impartial justice to the people of Pakistan.
In conclusion, legal experts and advocates stressed the importance of upholding merit-based criteria in the selection of judges to maintain the integrity and credibility of the judiciary in Pakistan. As the JCP navigates the challenges posed by political influences and institutional dynamics, the focus remains on appointing judges with the necessary expertise and commitment to upholding the rule of law.
