ISLAMABAD: Supreme Court’s Senior Judge Qazi Faez Isa has proposed the names of Sindh High Court Chief Justice Ahmed Ali Sheikh and Peshawar High Court Chief Justice Musarrat Hilali for elevation to the Supreme Court.
The two SC posts have been lying vacant for months, and Justice Isa has written a letter to all nine members of the Judicial Commission of Pakistan (JCP) for their appointment.
According to media reports, Justice Isa called for the immediate meeting of the Judicial Commission, citing the fact that currently only 15 judges are working in place of 17 judges. Under the JCP Rules 2010, the chief justice can initiate proposals for the appointment of judges to the superior judiciary.
However, in another letter written to the JCP members last year, Justice Isa stated that Rule 3 of the JCP Rules 2010 only meant that nominees be routed through the concerned chief justices and not that the chief justices alone might make nominations. He emphasized that the commission was established to make the nomination and selection process inclusive and transparent by diluting the power of the chief justice rather than enhancing it.
It may be recalled that last year, a delegation of four PHC judges met with CJP Bandial to convey their concerns over the non-nomination of a judge of the PHC for elevation to the apex court. With Justice Isa’s proposal for the appointment of two judges, the JCP will have to convene a meeting to make the necessary appointments.