ISLAMABAD: Senior lawyer Akhtar Hussain said that Chief Justice Qazi Faez Isa had agreed to relinquish his discretionary authority to nominate and appoint judges, indicating that amendments to the Judicial Commission’s rules could be imminent.
Speaking on a TV talk show, Akhtar Hussain, a representative of the bar council within the Judicial Commission, disclosed this development.
Qadir Mandokhail highlighted the multiple interviews government employees undergo for their jobs compared to the direct appointment of high court judges, asserting that these positions aren’t even advertised.
While accusing ministers from both the PTI and PDM governments of employing delaying tactics despite acknowledging his viewpoint, he lamented that judgeships typically favor individuals from privileged backgrounds, making it nearly impossible for a commoner’s child to become a judge.
Mandokhail also alleged that former Chief Justice Iftikhar Chaudhry had threatened to retract the 18th amendment unless the 19th amendment was implemented.
Ahmad Awais emphasized the absence of a tradition where individuals in positions of power impartially employ their intellect in the nation’s interest. He advocated for intelligence agencies to vet judges solely based on their integrity as legal professionals but cautioned against their interference beyond that scope.
According to Awais, the current scenario heavily relies on intelligence agencies, leading to the substitution of the rule of law with the rule of authority. He urged all institutions to adhere to their designated roles.
Akhtar Hussain expressed his belief that institutional involvement in the selection of judges had diminished. He highlighted the bar council’s objections regarding unsigned reports sent concerning judges and proposed that if intelligence agencies had concerns, they should relay them through the Ministry of Law or the Attorney General without directly presenting them in court.
Hussain pinpointed the Judicial Commission’s rules as a significant issue in the selection and appointment of judges. He mentioned the bar council’s resolution proposing equal representation for all stakeholders within the commission. However, he noted that the 19th amendment had resulted in an overwhelming majority of judges in the commission.
Additionally, Hussain underscored that while the constitution vests powers in the judicial communication, these powers have been predominantly exercised by the Chief Justice at his discretion, including proposing judge nominations.
He credited Chief Justice Qazi Faez Isa for displaying a willingness to relinquish his discretionary powers, a move that the bar council is advocating for in order to bring about changes in the rules.
