ISLAMABAD: The Judicial Commission of Pakistan (JCP) on Thursday approved the appointment of nine additional judges to the Lahore High Court (LHC) following detailed deliberations.
The meeting, chaired by Chief Justice of Pakistan (CJP) Yahya Afridi, was held in the conference room of the Supreme Court and reviewed a total of ten nominations.
After careful consideration, the commission approved the names of advocates Hassan Nawaz Makhdoom, Malik Waqar Haider Awan, Sardar Akbar Ali, Syed Ahsan Raza Kazmi, Malik Javid Iqbal Wains, Muhammad Jawad Zafar, Khalid Ishaq, Malik Muhammad Awais Khalid, and Chaudhry Sultan Mahmood for appointment to the LHC. One nomination was excluded, resulting in the final recommendation of nine names.
Interestingly, no district and sessions judges were considered for elevation. This decision followed LHC Chief Justice Aalia Neelum’s withdrawal of her list of candidates, accompanied by her assurance that a revised list would be submitted at a later stage. The nominations proposed by LHC’s senior puisne judge, Shujaat Ali Khan, were also not reviewed. Justice Khan had earlier been de-notified as a JCP member after Justice Munib Akhtar of the Supreme Court raised an objection based on an interpretation of the third proviso to Article 175(5) of the Constitution, read with Article 1(2) of the 26th Amendment Act of 2024. Attorney General for Pakistan (AGP) Mansoor Usman Awan concurred with this objection, which was ultimately accepted by the JCP chairperson.
The session began with condolences from commission members on the passing of Akhtar Hussain’s wife. Hussain represents the Pakistan Bar Council (PBC) in the commission.
Despite the withdrawal of some nominations, the JCP unanimously resolved that individuals who did not secure the required majority could be reconsidered for future vacancies. Among the topics discussed was the potential re-nomination of former additional judge Shan Gul, whose previous confirmation had not been finalized. However, the commission decided that since his name was not currently before them for consideration, it would be reviewed at a later date.
In a parallel development, the Karachi Bar Association (KBA) and the All Pakistan Lawyers Joint Action Committee strongly criticized moves to bolster the “illegitimate” 26th Constitutional Amendment, alleging it was part of an effort to undermine judicial independence and enable “court-packing.”
KBA President Amir Nawaz Warraich and Secretary Rehman Korai condemned several developments, including the appointment of eight new Supreme Court judges on February 10 and the transfer of judges to the Islamabad High Court (IHC) by the president in consultation with the CJP and respective chief justices of high courts. The bar association argued that such appointments and transfers grant undue seniority to judges who have yet to even take an oath at the IHC.
The legal community characterized these recent measures as detrimental to judicial autonomy and an attempt to alter the status quo ahead of pending petitions challenging the 26th Amendment and the Supreme Court (Number of Judges) Amendment Act. The KBA further criticized the transfers to the IHC, contending that they compromise the independence of high courts and erode federalism.
The bar association voiced solidarity with the Islamabad High Court Bar Association, Islamabad District Bar Association, and Islamabad Bar Council, echoing the concerns raised at a joint convention held on February 3.
