ISLAMABAD: The judicial committee has declined confirmation of appointment of three additional judges of Islamabad High Court on the ground that these non-confirmed additional judges do not have requisite capacity and competence to be a judge of the high court.
Sources said the additional judges who have been declined confirmation included Lubna Saleem, Fiaz Ahmad Jindran and Ghulam Azam . The non-confirmed additional judges …Ghulam Azam Qambrani, Fiaz Ahmad Jindran and Lubna Saleem Perviez…were appointed in 2019.
Three non-confirmed judges Lubna Saleem Pervez and Ghulam Azam Qambrani and Fiaz Ahmad Jindran were accorded 6 months additional to improve their performance as an additional judge of Islamabad High.
The Judicial committee comprising chief justice of Pakistan, attorney General of Pakistan chief justice of concerned high court, a representative of Pakistan Bar Council and a representative of concerned provincial bar council is a competent forum for appointment of the judges for high courts .
As per practice, the judicial committee appoints an additional judge for a period of one year. On successful completion of the first year as an additional judge, it endorses the appointment to regularize as a judge of the high court .
Although under the law the parliamentary committee comprising parliamentarians of treasury and opposition benches is the first forum to review the list professionally and forward it to the judicial committee for appointment of additional judges with its input , but practically the parliamentary committee’s role is of a post office. Usually, It receives the list of the candidates recommended by the high courts and forward it to the judicial committee for a final decision without its input.
The judicial committee has full authority to appoint any candidate recommended by the high courts without giving any reasoning in rejection or acceptance of any case for appointment of an additional judge.
Interestingly, there is no set procedure or standard which is adopted by the judicial committee for appointment of a judge for the high court. It’s the judicial committee which decides the case on individual bases probably on its liking and disliking.
Practically, the appointments of judges of the high courts is made on the principle of groups. Most of he time groups of the lawyers or known names of the bars get appointed their near and dear ones and the same is a cause of deterioration of Pakistan’s judicial system.
Pakistan’s judicial system has many serious flaws and non-existence of a set procedure for appointment of a judge for the high courts is one of them. Putting in place of a set and merit- based criteria for appointment of judges for the high court is only way out to make Pakistan’s judicial system working. The judges appointed on merit will make higher judiciary of this country a real pride before ensuring timely decisions to give relief to the applicants.