Islamabad High Court Judges’ Appointment Under Scrutiny: Key Names and Political Concerns

Islamabad:The appointment of four additional judges to the Islamabad High Court (IHC) is a matter of ongoing debate, with 20 names currently under consideration. A crucial meeting of the Judicial Commission of Pakistan is scheduled for January 17, where a decision will be made regarding these appointments. The Judicial Commission will assess these nominations and, based on majority vote, decide on the final appointments.

Among the 20 names under consideration, some judges from the district judiciary have passed judgments against the founder of the Pakistan Tehreek-e-Insaf (PTI), Imran Khan, or are currently hearing cases involving him. These potential appointments have raised concerns, as these judges could later preside over appeals related to Imran Khan’s cases, leading to questions regarding impartiality. So, does PTI have reservations about these nominations?

**Barrister Gohar Ali Khan’s Response**
Barrister Gohar Ali Khan, Chairman of PTI and a member of the Judicial Commission of Pakistan, responded to questions regarding the nominations. He stated that his party would develop a strategy and provide instructions on how to vote on the nominations. He emphasized that PTI had also submitted nominations for judges, and during the Judicial Commission meeting, he would support the judges nominated by his party.

**Senator Barrister Ali Zafar’s Opinion**
Senator and renowned lawyer Barrister Ali Zafar, also a member of the Judicial Commission, expressed his concern over the potential favoritism towards certain judges. He argued that the principle of seniority should not be overlooked. “You cannot appoint junior judges from the district judiciary over senior-most ones for the high court position,” he said. He also pointed out that if judges with potential bias towards PTI were appointed, it might not affect the legal proceedings, but it would certainly undermine the credibility of the Judicial Commission. Zafar vowed to raise his voice on this issue if such appointments were proposed during the upcoming meeting.

**State Ali Azad’s Perspective**
The current President of the Islamabad High Court Bar Association, State Ali Azad, also shared his views. He criticized the 26th Constitutional Amendment, which, according to him, outlines a flawed process for judicial appointments. Azad urged for the termination of this amendment and called for judicial appointments to be made based on merit. He also questioned whether judges who had ruled against a political party (PTI) could make impartial decisions if appointed to higher courts as a reward for those decisions.

Azad further emphasized that the Islamabad Bar Council should be responsible for nominating judges to the Islamabad High Court, and he would oppose any external appointments. Additionally, he called for the Chief Justice of Islamabad High Court to be from Islamabad itself, warning of protests against any outside appointment.

**Judicial Appointment Process**
According to the amended judicial rules, members of the Judicial Commission nominate judges for the High Court, and these nominations are then sent to the relevant Chief Justice. The Chief Justice may also propose names independently. After this, the final list of candidates is sent to the Judicial Commission, where appointments are approved through a majority vote.

**Controversial Names Among Candidates**
Among the names currently under consideration, two district judges, Humayun Dilawar and Shah Rukh Arjumand, have been involved in cases related to PTI and Imran Khan. Judge Humayun Dilawar sentenced Imran Khan to three years in prison in the Toshakhana case, which sparked a social media campaign against him. Additionally, Judge Shah Rukh Arjumand has previously dismissed bail applications related to Imran Khan in the Toshakhana case and other appeals.

**Full List of Nominees for IHC Judgeship**
The Judicial Commission of Pakistan has compiled a list of nominees for the Islamabad High Court, which includes 5 judicial officers, 14 lawyers, and one law officer. Judicial officers on the list include Humayun Dilawar, Raja Jawad Abbas Hassan, Shahid Mehmood Khokhar, Mohammad Azam Khan, and Shah Rukh Arjumand. The lawyer nominees include senior Supreme Court advocates such as Adnan Basharat, Syed Qamar Hussain Shah, Umar Aslam Khan, and others.

**Judicial Commission Members**
The Judicial Commission for these appointments will be headed by Chief Justice Yahya Afridi, with other members including Justices Syed Mansoor Ali Shah, Munir Akhtar, Aminuddin Khan, and Jamal Khan Mandokhel. Additionally, members include senior lawyers such as Akhtar Hussain, Zulfiqar Ali Abbasi from the Islamabad Bar Council, and members of the National Assembly, including Federal Minister for Law Azam Nazeer Tarar, and PTI member Barrister Gohar Ali Khan.

The proceedings on January 17 will be closely watched as the decision on these crucial judicial appointments unfolds.