Lawyers Protest JCP Selection
As the Judicial Commission of Pakistan (JCP) met today (Monday) to finalise the names of eight judges for elevation to the Supreme Court, lawyers in Islamabad staged protests, demanding that the meeting be postponed. “Lawyers Protest JCP Selection. “
Opposition to the JCP Meeting
Four apex court judges opposed the JCP meeting, which follows the recent transfer of judges to the Islamabad High Court (IHC), which five IHC judges opposed. The JCP, which approves judicial appointments, will finalise appointments for eight vacant SC positions. The 26th Constitutional Amendment, which was much-debated, reconstituted the commission to include four members of the parliament
Protests in Islamabad
Today, lawyers gathered at various locations in Islamabad, with the Lawyers’ Action Committee staging a protest near D-Chowk. Authorities closed off the entry route to the Red Zone and blocked several other roads. Holding an Urdu banner reading “26th Constitutional Amendment unacceptable,” the demonstrators raised slogans against it. They also chanted “Azaadi” (freedom) and “Lawyers’ unity zindabad” (long live lawyers’ unity).
Around 100 lawyers gathered at Serena Chowk because someone had blocked the route to Nadra Chowk. The capital administration partially suspended the metro bus service from Rawalpindi to Islamabad, citing security reasons. Although the bus service from Rawalpindi’s Saddar station to Islamabad’s Faiz Ahmed Faiz stop remained open, they closed the service from there onwards to the Secretariat station.
Impact on Traffic
Authorities closed the routes from Serena, Express, and Nadra chowks to the Red Zone, which houses the country’s parliament building, embassies, and foreign institutions’ offices. The closure affected the flow of traffic, causing a jam and a long queue of vehicles waiting to enter the Red Zone from Margalla Road.
Previous Protests
On February 3, the legal fraternity in Islamabad observed a strike to protest 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. The lawyers’ representatives had also held a convention at the Islamabad District Courts, opposing the 26th Amendment and demanding the cancellation of the JCP meeting today.
Legal Actions
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’s meeting. PTI Senator Ali Zafar, who yesterday called for the JCP meeting to be postponed, boycotted today’s proceedings of the commission.
The Transfer and SC Appointments Saga
Earlier this month, the commission sought nominations from all high courts, requesting a list of five senior judges from each. 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, after Justice Sarfraz Dogar transferred from the Lahore High Court and became the IHC senior puisne judge, authorities sent his name to the JCP.Days before the IHC added Justice Dogar’s name, five judges approached Chief Justice of Pakistan Yahya Afridi and IHC Chief Justice Aamer Farooq to reclaim their seniority.
Judges’ Concerns
The judges representation states that a judge takes an oath for the high court in which they are appointed. It further emphasised that according to the constitutional intent, a judge must take a fresh oath when transferred to another high court. According to this principle, we should determine the seniority of a judge transferred to another high court from the date of their new oath.
Last week, four SC judges also raised similar concerns and are seeking to postpone today’s JCP session until someone makes a decision on the petitions against the 26th Amendment.In their letter, senior puisne judge Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Ayesha A. Malik, and Justice Athar Minallah said that the only viable solution and option in the present circumstances to save the court’s dignity was to postpone the JCP sitting.
Political Involvement
The opposition PTI in a letter also urged CJP Afridi yesterday to postpone the commission’s meeting. Senator Ali Zafar wrote the letter, representing PTI in the JCP alongside party chairman Barrister Gohar Ali Khan. The lawyers’ protest today underscores the ongoing controversy surrounding the 26th Constitutional Amendment and the selection of SC judges.
Conclusion
In conclusion, the “Lawyers Protest JCP Selection” reflects broader tensions within Pakistan’s legal community regarding judicial appointments and constitutional amendments.
