In a significant development, the Judicial Commission of Pakistan (JCP) on Saturday approved the appointment of 10 additional judges to the Peshawar High Court (PHC). The decision was made during a meeting chaired by Chief Justice of Pakistan (CJP) Yahya Afridi, where the commission deliberated on filling nine vacant positions in the PHC.
Deliberations and Final Decision
Initially, a list of 40 candidates was under consideration for the nine vacancies. However, after extensive discussions, the JCP approved 10 candidates, increasing the number of appointments beyond the initially planned vacancies. This decision came after Chief Justice of the Peshawar High Court, Justice Ishtiaq Ibrahim, advocated for the inclusion of an additional judge.
The approved candidates for appointment as additional judges include:
- Farah Jamshed (District and Sessions Judge)
- Inamullah (District and Sessions Judge)
- Qazi Jawad
- Mudassar Amir
- Abdul Fayaz
- Salahuddin
- Sadiq Ali
- Tariq Afridi
- Sabit Ali
- Aurangzeb Khan
Objections from PTI Members
The decision to appoint these judges was not without controversy. Members of the Pakistan Tehreek-e-Insaf (PTI), including Barrister Gohar, Senator Ali Zafar, and Khyber Pakhtunkhwa’s Law Minister, objected to some of the appointments. However, the JCP proceeded with the selections by a majority vote, overriding these objections.
Wider Judicial Debate on Judge Appointments
The appointment of additional judges in the PHC comes at a time of broader judicial debate in Pakistan regarding the process of appointing high court judges.
A day before the JCP meeting, judges of the Islamabad High Court (IHC) wrote a letter to the Chief Justice of Pakistan (CJP) and the President of Pakistan, raising concerns over reports that an outsider judge might be appointed as the next Chief Justice of the IHC.
IHC Judges Oppose Appointment of Outsider as Chief Justice
The letter, which was forwarded to the President, the Chief Justice, and the Chief Justices of Lahore, Sindh, and Islamabad High Courts, emphasized the importance of maintaining the principle of seniority within the judiciary. The judges argued that:
- The new Chief Justice of the IHC should be selected from among the three senior-most judges of the court.
- Appointing a judge from another high court without proper consultation and justification would violate judicial norms.
- The principle of seniority should not be altered arbitrarily, especially when Lahore High Court has over 200,000 pending cases, making the justification for bringing in an external judge questionable.
Conclusion: A Significant but Contentious Appointment Process
The appointment of 10 additional judges to the PHC reflects the ongoing judicial restructuring and efforts to fill key positions in Pakistan’s high courts. However, the decision has sparked political and legal debates, particularly regarding the transparency and fairness of judicial appointments. As Pakistan’s judiciary continues to evolve, balancing merit-based selections, seniority principles, and political concerns remains a challenging but crucial task.
