The Supreme Court on Thursday dismissed a constitutional petition challenging the order of the Judicial Commission of Pakistan (JCP) of not confirming the services of Justice Erum Sajjad Gul of the Lahore High Court (LHC).
A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Sajjad Ali Shah heard the petition, filed by Justice (r) Nasira Javed Iqbal, challenging the JCP’s May 15, 2017, order of not confirming the services of Justice Erum Sajjad Gul.
Dismissing the petition, the court ruled that when the chief justice of Pakistan has found a judge not competent to hold the office, then what was left for filing a petition in this regard.”We did not find competent the instant petition hence it is dismissed,” the chief justice ruled after hearing arguments of Shah Khawar, counsel for petitioner Justice (r) Nasira Javed Iqbal.
In his arguments, Shah Khawar submitted that the petition was quite important on the touchstones of Article 184(3) of the constitution. He contended that both the JCP and the parliamentary committee on the appointment of judges have been established under the 18th constitutional amendment.He recalled that the apex court has held in a famous case that the decision of parliamentary committee on the appointment of judges is subject to judicial review.He said if the decision of the parliamentary committee is subject to judicial scrutiny than why not the JCP’s decision. He contended that the parliamentary committee on appointment of judges had also expressed its reservations over the JCP decision and recommended it to review its decision but it was not accepted. The petitioner also submitted that according to the record kept by the LHC amongst the sitting judges of the court, Justice Erum had disposed of maximum cases during her two years of service.
Published in Daily Times, April 27th 2018.
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