Pakistan's high-level constitutional body appoints six SC judges amid protest by lawyers

Islamabad: The Judicial Commission of Pakistan (JCP) on Monday appointed six judges to the Supreme Court amid protests by hundreds of lawyers in the national capital and a boycott by lawmakers of jailed former premier Imran Khan's Pakistan Tehreek-e-Insaf (PTI) party.

The constitutional body went ahead to make the key appointments despite opposition by four apex court judges, legal fraternity, resistance by the opposition party and controversy over the recent transfer of judges to the Islamabad High Court (IHC), which was opposed by five IHC judges.

According to a press release issued by the JCP, a meeting decided to appoint six judges by a majority of its total present members.

Those appointed included Justice Muhammad Hashim Khan Kakar, Justice Muhammad Shafi Siddiqui, Justice Salahuddin Panhwar, Justice Shakeel Ahmad, Justice Aamer Farooq and Justice Ishtiaq Ibrahim.

Justice Kakar was serving as chief justice of the Balochistan High Court, Justice Siddiqui as chief justice of the Sindh High Court, Justice Ibrahim as chief justice of the Sindh High Court and Justice Farooq as chief justice of the Islamabad High Court.

Justice Panhwar was serving as a judge in the Sindh High Court and Justice Ahmad as judge of the Peshawar High Court.

The commission also nominated Justice Miangul Hassan Aurangzeb of the Islamabad High Court as the acting judge of the Supreme Court.

Out of 13 members of the JCP, its four members, including two senior Supreme judges and two members belonging to the PTI, boycotted the meeting while demanding its postponement.

PTI chairman Gohar Khan told the media that he along with another member from the party stayed away from the meeting while demanding the chief justice, who chaired the meeting, to delay the appointments. "As the JCP meeting was not postponed, the two PTI leaders did not participate in its proceedings,” he said.

As the JCP met, hundreds of lawyers staged protests against the meeting while demanding its postponement.

Lawyers gathered at various locations in Islamabad, with the Lawyers’ Action Committee staging a protest near D-Chowk. But police responded by closing several key entry points to the Red Zone, which houses key buildings, including the Supreme Court.

Dozens of protestors gathered at Serena Chowk as they were stopped from going to the Supreme Court due to the closure of the Red Zone. They chanted “Azaadi” (freedom) and “Lawyers’ unity zindabad” (long live lawyers’ unity). They were also holding a banner written in Urdu and reading “26th Constitutional Amendment unacceptable”.

Clashes were also reported between lawyers and police when they tried to enter the Red Zone. However, there was no report of any arrest or injury during the protest.

The protest led to the suspension of Metro bus services on multiple routes between Islamabad and Rawalpindi, causing significant inconvenience for commuters. The closure of the Red Zone caused traffic disruptions, leading to heavy congestion on different roads in the capital.

Earlier, the legal fraternity in the country was already expressing concerns against the new appointments and transfers following the controversial 26th Constitutional Amendment passed last year.

The lawyers’ representatives held a convention at the Islamabad District Courts, opposing the 26th Amendment and demanding the cancellation of the JCP meeting.

They also announced on Feb 3 to protest against the transfer of three high court judges to the IHC but it could not elicit a widespread response. The Karachi Bar Association had supported the strike call by staying away.

Last month, the Lahore High Court Bar Association (LHCBA) moved an application before the apex court through Advocate Muhammad Waqar Rana, seeking postponement of the JCP meeting.

The JCP earlier this month asked all high courts to send a list of five senior judges from each for consideration for the appointment of eight of them to the Supreme Court.

Initially, the IHC had forwarded the names of three judges — Chief Justice Aamer Farooq, Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangzeb — to the JCP because Justices Tariq Mehmood Jahangiri and Babar Sattar did not meet the minimum requirement of five years of service.

However, as Justice Sarfraz Dogar was made the IHC senior puisne judge following his transfer there from the Lahore High Court, his name has also been sent to the JCP.

Days before Justice Dogar’s name was added, five judges of the IHC approached Chief Justice Yahya Afridi and IHC Chief Justice Aamer Farooq to reclaim their seniority.

Separately, four SC judges, senior puisne judge Justice Mansoor Ali Shah, Justice Munib Akhtar, Justice Ayesha Malik and Justice Athar Minallah, in a letter to the chief justice showed concerns last week and also sought the postponement of today’s JCP session until a decision was made on the petitions against the 26th Amendment.

The 13-member JCP is led by the chief justice and includes four judges of the apex court, as well as parliamentarians from both the treasury and opposition and others.

The lawyers and opposition allege that the government was trying to ‘pack’ the top judiciary with hand-picked judges to influence the fate of political cases, a concern rejected by the government.