Justice Qazi Faez Isa, senior puisne judge of the Supreme Court, this week called for a meeting of the Judicial Commission of Pakistan (JCP) at the earliest to fill vacancies in the apex court.
The JCP is a constitutional body that recommends elevation of judges to the superior courts. The chief justice of Pakistan (CJP) serves as its chairman, with the body comprising four seniormost judges of the Supreme Court; a former chief justice or Judge of the Supreme Court; the law minister; the attorney general for Pakistan; and a senior advocate of the Supreme Court nominated by the Pakistan Bar Council. It had last met in October 2022 but has yet to meet again despite two vacancies against the 17-judge sanctioned strength of the Supreme Court.
In a letter sent to all JCP members, Justice Isa said the vacancies should be filled immediately and the names of judges for the posts nominated in line with the principle of seniority. In recent years, there has been significant controversy over junior judges being elevated to the Supreme Court, with lawyers’ bodies and judges alike noting that it has an adverse effect on judicial work and demoralizes senior judges who have been superseded.
Keeping this in mind, Justice Isa recommended the elevation of Sindh High Court Chief Justice Ahmed Ali M. Shaikh and Peshawar High Court Chief Justice Musarrat Hilali against the vacancies.
The JCP had earlier recommended Justice Shaikh’s appointment as an ad hoc judge of the Supreme Court in 2021. However, he had declined the offer, informing then-CJP Gulzar Ahmed and President Arif Alvi, he would prefer to be appointed as a permanent judge. Justice Hilali, meanwhile, took oath as the PHC acting chief justice on April 1, 2023.