ISLAMABAD, AUG 31 (DNA) – Attorney General of Pakistan, in a letter to the lawyers bodies, sought their opinion over the process of judges elevation to the apex court.
Khalid Jawed Khan requesting the opinion of lawyers top bodies Pakistan Bar Council (PBC) and the Supreme Court Bar to find a common ground for the sake of transparency in the process of appointments to the apex court.
“The issue with regard to the appointment of judges other than the most senior judges to the Supreme Court, has been under discussion and there appears a discord between the views of the members of the JCP and the bar councils and associations,” the letter read.
“The Constitution is silent over the issue while a judgment of Supreme Court says that seniority is not a mandatory requirement for appointment to the top court.” To end this difference of opinion over the matter, the members of the legal fraternity needed to provide their input, the letter read.
Elaborating the issue of merit, the AGP writes, the ideal principle for appointments should be a blend of seniority and merit. Seniority, though important, is not a benchmark for appointments to the apex court, the letter read.
The AGP was of the view that multiple factors are taken into consideration for the performance evaluation of high court judges for their elevation, including number of cases heard and judgments delivered and number of cases heard but judgments not delivered.
A proposal regarding reserving a seat for a woman judge in Supreme was also under consideration, according to the letter. “Being representative of the legal fraternity you are requested to convey your view over the subject”.
“I intend to present the proposals for consideration of the Judicial Commission of Pakistan (JCP) in its next meeting,” the AGP said in his letter. = DNA
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