The Judicial Commission (JCP) of Pakistan on Friday nominated Lahore High Court Justice Ali Baqar Najafi as a judge of the Supreme Court (SC).
A press release issued today said the JCP considered the appointment of two LHC judges to the apex court.
The nominees for the two vacant slots of the SC were to be selected from the five senior-most LHC judges.
As per seniority list of the LHC, incumbent Chief Justice Alia Neelum is on the top. She is followed by Senior Puisne Judge Justice Shujaat Ali Khan, Justice Najafi, Justice Abid Aziz Sheikh and Justice Sadaqat Ali Khan.
However, today’s press release only said: “The commission by majority of its total membership nominated Mr Justice Ali Baqar Najafi, judge, Lahore High Court for his appointment as judge of the Supreme Court of Pakistan.”
A source had said that in evaluating the credentials and suitability of nominees for the appointment as LHC chief justice in July 2024, the JCP had concluded that the nomination of Justice Shujaat and Justice Najafi was not suitable or fit to hold the office due to alleged negative public perception as to their integrity and reputation amongst the judicial and legal fraternity.
All the members of the commission had endorsed this view, adding any negative perception against a judge displaced the concept of legitimate expectancy and therefore the candidacy of the nominee ought not to move forward. The foundational strength of a judicial institution is public trust, the JCP had unanimously held, adding the nominees must possess unchallenged integrity and unblemished reputation.
The meeting had also considered the matter of a letter from the LHC to the foreign ministry seeking protocol privileges for a sitting judge’s son at international airports in the United Arab Emirates and the United States.
The letter — dated October 6, 2023, and written by senior additional registrar of LHC’s Rawalpindi bench to the foreign secretary — had indicated Justice Najafi’s desire for special protocol treatment for his son, Syed Muhammad Ali, at Abu Dhabi and John F. Kennedy (New York) international airports.
The communique was also sent to Pakistan’s ambassador in the UAE and the consul general in New York. The LHC had withdrawn the objectionable letter amid it being strongly disapproved by the legal fraternity.
Separately, the JCP also appointed former judges of the four high courts as one-time members for the next meeting in which their regular chief justices will be nominated.
According to Clause 5 of Article 175-A, for the appointment of a judge of the high court, the JCP composition includes the chief justice of the high court to which the appointment is being made, head of the constitutional bench, provincial law minister, and an advocate having at least 15 years of practice in the high court to be nominated by the respective bar council for a term of two years. In case the head of constitutional benches of a high court is the chief justice of that high court, the judge who is next in seniority shall become a JCP member.
It says if for any reason the chief justice of a high court is unavailable, he shall be substituted by an ex-chief justice or former judge of that court, to be nominated by the JCP.
Accordingly, the JCP today nominated Justice (retired) Maqbool Baqar for the Sindh High Court, Justice (retired) Nazeer Ahmed Langove for the Balochistan High Court, Justice (retired) Mian Shakirullah Jan for the Peshawar High Court and Justice (retired) Shaukat Aziz Siddiqui for the Islamabad High Court under Article 175-A(5).
