Government Wins Key Victory in Judicial Commission as Proposal to Nominate All Supreme Court Judges for Constitutional Benches is Rejected
Islamabad:In a significant development during the Judicial Commission meeting, the government secured a victory when a proposal to nominate all Supreme Court judges for constitutional benches was rejected by a narrow vote of 7 to 6.
The proposal, backed by judicial members including Chief Justice Yahya Afridi, Justice Mansoor Ali Shah, Justice Munib Akhtar, and Justice Jamal Khan Mandokhel, called for the nomination of all Supreme Court judges for constitutional benches. However, the proposal was met with opposition from government representatives. While PTI’s Barristers Gohar and Ali Zafar supported the move, Justice Ameen-ud-Din Khan and Pakistan Bar Council representative Akhtar Hussain did not endorse it.
Former Additional Attorney General Waqar Rana criticized the decision, calling it “unfortunate” and claiming that judicial independence had been severely compromised. He further accused the Pakistan Bar Council representatives of voting along group lines, undermining the judicial system. Rana also expressed disappointment with the current constitutional bench’s performance, stating that it lacked judicial power.
In a subsequent vote, the majority of members agreed to extend the tenure of the current constitutional bench under the leadership of Justice Ameen-ud-Din Khan for an additional six months. However, no consensus was reached on creating rules for the nomination of judges.
Earlier, Justice Mansoor Ali Shah had emphasized the need for a clear procedure and criteria for the nomination of judges to constitutional benches in both the Supreme Court and High Courts.
Former President of the Sindh High Court Bar Association, Salahuddin Ahmed, reacted by stating that the government had succeeded in ensuring that this particular bench, which aligns with its interests, will hear cases related to its priorities. He suggested that this decision symbolized growing tensions between the judiciary and the government, and it was now time for judges to reassess their role in preserving judicial independence.
Salahuddin Ahmed also urged the Pakistan Bar Council to prioritize judicial independence over supporting the government’s position. The approved rules are expected to be published on the Supreme Court’s website tomorrow.
**Summary:**
In a closely contested vote, the Judicial Commission rejected the proposal to nominate all Supreme Court judges for constitutional benches. The government’s position prevailed, while some members of the judiciary and the Pakistan Bar Council opposed the move. The current constitutional bench’s tenure has been extended by six months, but no consensus was reached on the nomination rules, signaling ongoing tensions over judicial independence.
