https://arab.news/cj3kg
- The panel, formed under 26th constitutional amendment, will pick a name out of three top Supreme Court judges
- Legal expert says some clauses in the amendment are ‘problematic’ but it is much better than what was anticipated
ISLAMABAD: A special parliamentary committee, tasked with nominating a name for the new chief justice, on Tuesday met in Islamabad to deliberate upon a nominee for the post, amid a boycott of the proceedings by the opposition Pakistan Tehreek-e-Insaf (PTI) members.
The committee, which was formed under the 26th constitutional amendment, is scheduled to pick a name out of the three senior-most Supreme Court judges for the post of the chief justice.
Pakistan’s incumbent top judge, Qazi Faez Isa, is set to retire on Friday. The three senior-most judges being considered for the key post include Justice Mansoor Ali Shah, Justice Munib Akhtar and Justice Yahya Afridi.
“The required number is present,” Law Minister Azam Nazeer Tarar told reporters outside the meeting room at the Parliament House on Tuesday evening.
“But despite that, we are democratic-minded people and the beauty of democracy is in inclusiveness and everyone uniting.”
Two PTI-affiliated lawmakers Gohar Khan and Senator Ali Zafar boycotted the committee’s proceedings, at which the meeting was postponed till 8:30pm to convince them to join the forum for their input on the key appointment.
The contentious constitutional amendment passed by Prime Minister Shehbaz Sharif-led ruling coalition has generated a heated debate in the country, with opposition parties and prominent lawyers alleging the new law aims to curtail the judiciary’s independence.
The government rejects these allegations and says the amendments are aimed at empowering Pakistan’s parliament and providing speedy justice to the country’s citizens.
Law Minister Tarar said that 10 committee members were present in the initial meeting, adding that as per the constitution, eight lawmakers were required to decide on the chief justice’s appointment.
Legal experts say there are some clauses in the 26th constitutional amendment that are “problematic,” but it is much better than what was being anticipated.
“There are certain clauses that on the face of it seem to be curtailing the powers of the judiciary. We have also seen that in the past decade or so, judges have misused the power to appoint judges. They have appointed certain judges that were their own favorites,” Osama Malik, a lawyer, told Arab News.
“They deliberately appointed some judges earlier than other judges that they could then become chief justices of the country. The seniority was managed by the senior most judges of the supreme court and that was causing serious problems for everyone. Now perhaps some balance will be found and if not, we will have to rectify it again.”