JCP flags deficiencies in nominations for IHC judges – Pakistan

ISLAMABAD: The Judicial Commission of Pakistan (JCP) has raised multiple objections to the candidatures of 17 candidates for four vacant posts of judges in the Islamabad High Court (IHC), citing incomplete and deficient applications.

The JCP secretariat informed the candidates that “the initial examination committee has verified the nominations and pointed out deficiencies.” According to the secretariat, several candidates did not attach important documents such as education certificates, law degrees, case lists and details of reported sentences.

Documents viewed by Sunrise show that Islamabad Advocate General Ayyaz Shaukat, one of the nominees, “was not nominated by any [JCP] member”.

His application lacked key documents such as his Computerized National Identity Card (CNIC), his high court licence, details of cases handled on behalf of the government and examples of the three best pleas.

Several nominees did not attach key documents such as educational certificates and law degrees.

Shaukat was nominated by Roshan Khursheed Bharucha, who was appointed by the Speaker of the National Assembly to represent minorities.

Another candidate, Umer Aslam Khan, did not provide a list of reported sentences, copies of five sentences, three best pleas, his CNIC and his practicing licence. His name was proposed by PPP Senator Farooq H. Naek and the Islamabad Bar Council (IBC).

The current president of the Implementation Tribunal for Newspaper Employees (ITNE), Shahid Mehmood Khokhar, also submitted an incorrect application form.

The document states that “the candidate has completed Form ‘B’ [meant for the judicial officers]…However, you should have completed Form ‘A’ for the Ombudsman for which you are eligible.” Mr Khokhar’s name was proposed by PML-N MNA Sheikh Aftab Ahmad.

Nominees Mohammad Abdul Rafeh and Chaudhry Hafeez Ullah Yaqoob, nominated by PTI Chairman Advocate Gohar Ali Khan, did not attach their CNICs, law degrees and experience certificates. Similarly, another PTI candidate, Babar Bilal, did not submit his CNIC or law degree.

Syed Qamar Hussain Sabzwari, nominated by the PPP and IBC, did not submit his CNIC, his academic certificates, his reported judgments, his three best pleas and his practicing license. Malik Tahir Mehmood, appointed by federal minister Rana Tanveer Hussain, did not mention his date of birth or the summons for the cases he had handled.

Justice Syed Mansoor Ali Shah’s nominee Sultan Mazhar Sher Khan also failed to submit his CNIC, LLB degree and copies of best pleadings.

The PCJ secretariat also found the forms of Nudrat Bayan Majeed and Adnan Haider Randhawa wanting as they did not submit their CNICs and law degrees. The secretariat also concluded that Ms Majeed did not provide details of her sentence. Both were nominees of Justice Mansoor Ali Shah.

The CNICs of Usman Ghani Rashid Cheema and Raja Inam Ameen Minhas, the Pakistan Bar Council (PBC) candidates, were also not attached to their respective forms.

Subordinate judicial judges are missing Four subordinate judicial judges also submitted incomplete applications. District and sessions judges Raja Jawad Abbas Hassan, Mohammad Azam Khan and Shahrukh Arjumand did not provide lists of cases decided in the last three years.

Justice Hassan’s application was also missing his CNIC. Additional district and sessions judge Humayun Dilawar did not attach his CNIC or details of the cases he had tried in the last three years.

The secretariat has asked JCP members to “verify their own nominees and remove deficiencies by January 9, 2025 (close of business hours). “This secretariat would not be in a position to obtain the late information verified by the interested sectors before a PCC meeting.”

The PCJ also decided not to reveal the names of the proponents. If it is not withdrawn, the case will be brought before the JCP with these deficiencies.

Of the 21 applications submitted, the secretariat found only four applications in order. Among them were Kashif Ali Malik (nominated by Farooq H. Naek and PTI Chairman Gohar Ali Khan), Danyal Ijaz (nominated by PPP), Adnan Basharat (nominated by Roshan Khursheed Bharucha) and Qazi Adil Aziz (nominated by the IBC).

The PCJ has scheduled a meeting on January 17 to deliberate on nominations for the IHC and the Balochistan High Court (BHC).

A senior lawyer questioned whether allowing nominees to rectify these deficiencies amounts to relaxing the rules, citing Clause 3 of the JCP Rules, which states: “Nominations received after the prescribed time shall not be submitted to the Commission for consideration.”

Published in Amanecer, January 8, 2025.



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