Seniority issue: Judicial Commission member Akhtar Hussain resigns

ISLAMABAD: Member of the Judicial Commission of Pakistan (JCP) Akhtar Hussain, who represented the Pakistan Bar Council (PBC) in the commission, has resigned from his position.

Advocate Akhtar Hussain sent his resignation to the JCP Chairman Chief Justice of Pakistan (CJP) Yahya Afridi. In the resignation, the lawyer said that he has taken this decision due to difference over the recent transfers of judges from provincial high courts to the Islamabad High Court (IHC) and the resulting issues with the seniority of judges.

Akhtar Hussain said that he “did not agree with the PBC’s position on seniority and transfers of judges.”

Three provincial high court judges transferred to IHC

The text of the resignation read, “The Pakistan Bar Council nominated me as a member of the Judicial Commission of Pakistan three times under Article 175(A)(2)(vi) of the Constitution of Pakistan 1973. I have been discharging my duties to the best of my ability. Due to the recent disputes regarding judicial appointments, I am unable to continue my work. I resign from the membership of the Judicial Commission of Pakistan.”

The advocate sent a copy of this resignation to the PBC as well so that a new nominated member can be appointed in his place under the Constitution of Pakistan 1973.

The lawyer wrote, “I offer my acclamation to the esteemed members of the Judicial Commission of Pakistan, and I assure you that I will continue my efforts for the development and independence of the judiciary and democratic institutions.”

TRANSFERS AND SENIORITY ISSUE

The JCP approved the transfer of three justices from the Lahore High Court (LHC), Peshawar High Court (PHC) and the Sindh High Court (SHC) to the IHC. In response, the legal community of the IHC said that such transfers impact the seniority of the justices of the IHC, which also ultimately effects their elevation to the position of the IHC Chief Justice or to the Supreme Court.

The seniority question: IHC appointments legal battle begins tomorrow

Former IHC Chief Justice Aamer Farooq issued a verdict on this issue, proclaiming the transfers to be correct. He said that transferring judges is different from appointing new judges, and that transfer does not impact the seniority.