Pakistan appoints 6 new Supreme Court judges despite protests, objections

The Judicial Commission of Pakistan (JCP) appointed six new Supreme Court Judges and one acting judge on Monday, proceeding with the appointments despite opposition letters from fellow Supreme Court judges, Islamabad High Court (IHC) judges, and protests by lawyer organizations in the red zone.

The JCP meeting was held to fill eight vacant Supreme Court positions in total. Under the recently passed 26th Constitutional Amendment, the commission was reconstituted to include four members of parliament.

Following the JCP meeting, a statement was issued announcing that the commission, by majority vote of its total membership, nominated the following judges for appointment to the Supreme Court of Pakistan: Justice Hashim Khan Kakar, Chief Justice, High Court of Balochistan; Justice Shafi Siddiqui, Chief Justice, High Court of Sindh; Justice Salahuddin Panhwar, Judge, High Court of Sindh; Justice Shakeel Ahmed, Judge, Peshawar High Court; Justice Aamer Farooq, Chief Justice, Islamabad High Court; and Justice Ishtiaq Ibrahim, Chief Justice, Peshawar High Court. Additionally, Justice Miangul Hassan Aurangzeb of the Islamabad High Court was appointed as an acting judge of the Supreme Court of Pakistan.

Earlier this month, the commission had sought nominations from all high courts, requesting a list of five senior judges from each. The Islamabad High Court had initially forwarded only three names — Chief Justice Aamer Farooq, Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangzeb — because Justices Tariq Mehmood Jahangiri and Babar Sattar did not meet the minimum requirement of five years of service. Following Justice Sarfraz Dogar's controversial transfer from Lahore High Court (LHC) to IHC as senior puisne judge, his name was also forwarded to the JCP.

Opposition, lawyers protest

Barrister Gohar and Barrister Ali Zafar, who serve as opposition members in the JCP, boycotted the proceedings and walked out of the meeting. Speaking to media in Islamabad, Gohar explained that despite their party's opposition to the 26th Amendment, they had remained part of the judicial appointment process. However, after their request for a few days' postponement was denied, they chose not to participate. Senator Zafar added that holding the JCP meeting without resolving the IHC transfer issues was "inappropriate."

Members of various lawyers' organizations took to the streets of Islamabad early Monday morning and entered the Red Zone, staging their protest at Islamabad's prominent D-Chowk.

The protesters carried banners reading "26th Constitutional Amendment unacceptable" and chanted slogans including "Freedom" and "Long live lawyers' unity." Around 100 lawyers also gathered at Serena Chowk as the route to Nadra Chowk was blocked. The protests led to partial suspension of the metro bus service from Rawalpindi to Islamabad, with routes from Serena, Express and Nadra chowks to the Red Zone being closed, causing significant traffic disruptions.

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This protest followed an earlier lawyers' strike on February 3rd against the transfer of three high court judges to the IHC, which received support from the Karachi Bar Association. The legal fraternity had also held a convention at the Islamabad District Courts opposing the 26th Amendment and demanding cancellation of today's JCP meeting. Additionally, the Lahore High Court Bar Association (LHCBA) had filed an application before the Supreme Court seeking postponement of the JCP meeting.

Lawyers criticize hasty appointment

Former Attorney General of Pakistan and senior lawyer Munir A. Malik told Nuktathat he opposed the court-packing that has been happening at the Islamabad High Court. He further said that throughout their lives, they had learned that security of tenure is one aspect of an independent judiciary, adding "The Executive is becoming a judge in its own cause, that's why we are protesting."

Barrister Salahuddin told Nukta that judges should only be transferred for valid reasons, not because they refuse to make decisions favored by the government or their chief justice. He stated that it would be unconstitutional for judges who took their oath at the Balochistan, Sindh, and Lahore High Courts to now serve at the Islamabad High Court. He further explained that both the 26th Amendment to the constitution and the act increasing the number of Supreme Court judges from 17 to 33 are currently being challenged in the Supreme Court, arguing that today's new appointments represent an attempt at court-packing in the Supreme Court of Pakistan.

Senior lawyer Ali Ahmed Kurd told Nukta that both the appointment of new judges to the Supreme Court of Pakistan and the transfer of judges to the Islamabad High Court are unlawful and unconstitutional. He claimed that the JCP would appoint new judges today as if they were being purchased from the market.

Riasat Ali Azad, President of the Islamabad High Court Bar Association, told Nukta that there are effectively two constitutions in the country: one followed by the government, and the other being the Constitution of Pakistan, which belongs to the lawyers and 240 million people of Pakistan. He explained that while transfers are permissible, altering judges' seniority and appointing them as senior puisne judges of a High Court is unconstitutional. "I'm president of Islamabad High Court Bar Association. If I go to Lahore, I won't become president of the Lahore High Court Bar Association," he added.

Advocate Iman Mazari told Nukta that the state must reconsider its draconian and repressive policies, adding that the Constitution of Pakistan has been effectively suspended for the past 78 years. She stated that they cannot remain silent about the attack on the judiciary through rubber-stamp legislation from Parliament, which would eliminate what little judicial independence remains in the country. She further explained that many people had looked to the Islamabad High Court because of its independent-minded judges, adding "an attack on Islamabad High Court is not acceptable for us."