The Chief Justice of Pakistan, Umar Ata Bandial, has called for a meeting of the Judicial Commission of Pakistan (JCP) on April 13, 2023. The purpose of the meeting is to consider the confirmation of Justice Musarrat Hilali as the regular Chief Justice of the Peshawar High Court. Justice Hilali has been serving as the acting Chief Justice of the PHC since April 1, 2023.
The JCP is chaired by the CJP and comprises four senior-most judges of the Supreme Court, a former judge, the federal law minister, the attorney general for Pakistan, a senior advocate nominated by the Pakistan Bar Council, and one representative of the provincial and Islamabad bar councils. After confirmation, the committee would propose the PHC CJ’s name to the Parliamentary Committee on Appointment of Judges in Superior Courts.
This development comes after a meeting between CJP Bandial and SC’s Senior Puisne Judge Qazi Faez Isa, which took place in a “pleasant atmosphere,” according to sources. The meeting reportedly discussed matters related to the top court, and Justice Isa also raised his participation in the special National Assembly session.
The meeting is significant as there appears to be an apparent divide in the top court over cases related to the elections in Punjab and Khyber Pakhtunkhwa. Several judges have had different opinions on these cases.
In addition, the two most senior judges of the top court, Justice Isa and Justice Sardar Tariq Masood, sent a letter earlier this month asking the CJP to call a JCP meeting to investigate allegations against Justice Sayed Mazahar Ali Naqvi. Several references have been filed against Justice Naqvi, from the Pakistan Bar Council (PBC) to the Balochistan Bar Council, seeking his removal from office.
In conclusion, the upcoming meeting of the JCP is crucial for the confirmation of Justice Musarrat Hilali as regular Chief Justice of the Peshawar High Court. The committee’s decision will be proposed to the Parliamentary Committee on Appointment of Judges in Superior Courts. The meeting also holds importance due to the apparent divide in the top court over cases related to the elections in Punjab and Khyber Pakhtunkhwa and the ongoing investigations against Justice Sayed Mazahar Ali Naqvi.
