CJP recommends Justice Shamim as LHC CJ

ISLAMABAD: After thorough deliberations, Chief Justice of Pakistan Mian Saqib Nisar has recommended senior judge Sardar Muhammad Shamim Khan as the new Chief Justice of Lahore High Court, sources revealed to The Express Tribune.

It is learned the CJP has summoned a meeting of the Judicial Commission of Pakistan (JCP) on December 6 to consider the appointment of the new LHC chief justice as incumbent CJ Justice Muhammad Anwaarul Haq is going to retire on December 31.

Justice Shamim Khan, who was appointed as LHC judge on February 19, may perform his duty as LHC CJ till December 31, 2019. Interestingly, like Punjab Chief Minister Usman Buzdar, Justice Khan also belongs to south Punjab. Earlier only one judge from the region, Justice Mian Allah Nawaz, who also belonged to Bahawalpur, served as chief justice of LHC.

The sources revealed that the commission will also consider confirmation of six Sindh High Court additional judges on the same day (December 6).

Despite the lawyers’ demand, JCP rules 2010 could not be amended to make the process of judges’ appointment more transparent.

A member of the JCP told The Express Tribune the CJP, who is also the JCP chairman, had formed a committee to review the rules of the commission but no progress could be made so far.

The Pakistan Bar Council (PBC) on March 15, 2013, proposed amendments to the JCP rules, seeking transfer of the chairman’s power to appoint superior court judges to the commission. These proposed amendments were approved by the whole PBC body unanimously. According to rules, the Supreme Court’s incumbent top judge holds the position of JCP chairman.

The superior bars had expressed reservations over the powers of the JCP chairman and proposed amendments to rules 2, 3, 6 and 8 of the JCP, which is related to the appointment of judges.

In their proposals, lawyers have also demanded that the JCP secretary should be nominated by the commission. At present, the JCP chairman (CJP) appoints the secretary of the commission and the Supreme Court registrar currently holds the post.

Lawyers have also recommended that the JCP’s committee on any matter should not be constituted by the chairman alone, but by the entire commission.

Regarding relaxation of rules, the apex body of lawyers unanimously suggested that the whole commission and not just the chairman should have the authority to relax strict application of the rules in public interest.

The Pakistan Bar Council also recommended that before initiating and sending proposed names of the judges to the commission, the superior bars’ representatives in the JCP should be consulted and this consultation should be meaningful.

Source: The Express Tribune