ISLAMABAD - Several members of Judicial Commission of Pakistan (JCP) had emphasized in a recent meeting of the Commission on inclusion of Islamabad High Court (IHC) Chief Justice Athar Minallah’s name in the recommendations for elevation to the Supreme Court.
In this regard, JCP member Justice Sardar Tariq Masood said in his letter to the JCP Chairman Chief Justice Umar Ata Bandial and other members of the Commission that the IHC chief justice should be considered for elevation to the apex court.
He wrote, “On my turn, I after discussing the seniority principle referred to a comparative analysis of the nominated judges with superseded senior judges. I also recommended that honourable Justice Athar Minallah, who is 2nd in seniority amongst the chief justices of all the High Courts, be considered.”
He also stated, “No one has raised a finger against his integrity, competency etc.”
In the letter, circulated to other members of the JCP and the press, Attorney General for Pakistan (AGP) Ashtar Ausaf Ali wrote that while he had refrained from commenting on the merits of each nominee, proposed for elevation by Chief Justice of Pakistan Umar Ata Bandial “in the interest of propriety”, he had maintained that Islamabad High Court Chief Justice Athar Minallah was “eminently qualified to be considered for elevation to the apex court, and that such elevations, in any event, must be made against existing vacancies, no more and no less.”
He clarified that his stance in the meeting was that “rejection or confirmation of candidates must be regulated by guiding rules,” which must be settled beforehand, and the data of any new candidates must be thoroughly assessed accordingly.
The AGP wrote, “It was for this particular reason that I suggested that the meeting be deferred until the approval of such criteria.”
He maintained: “Any appointment to the Supreme Court of Pakistan is a sacred trust, vested in the members of the Judicial Commission. To fulfil this trust, members must afford one another a full and unimpeded airing of their views.”
Federal Law Minister Azam Nazeer Tarar stressed that the name of IHC CJ should be considered for elevation to the top court. Besides other JCP members, he also suggested considering the name of Justice Athar Minallah who is an honourable judge and would be a good addition to the Supreme Court, and his elevation will also end the perception that capable senior-most judges are not being elevated to the apex court. His addition will also add to the transparency factor, he said.
He said the top court’s judgment in the Munir Bhatti case should be revisited as it made the committee ineffective.