Islamabad: The committee headed by Justice Jamal Khan Mandokhel on the issue of appointments of judges in the High Courts and the Supreme Court has made public the proposed rules of the Judicial Commission.
The Supreme Court has sought public comments on the proposed rules for the appointment of judges. The proposed rules were issued on the Supreme Court website, on which all comments and feedback can be submitted by December 20, the proposed rules will be presented to the Judicial Commission for approval on December 21.
The proposed rules state that the merit of a candidate for appointment as a judge will be determined according to the criteria listed in the judge’s oath under the constitution, according to the law, the ability to do justice to all classes without fear or favor, love or hatred is necessary.
While assessing the merit of a nominee, these factors will be taken into account, professional qualifications and experience, legal capacity, efficiency, communication skills, integrity and independence will be looked at. A person who directly or indirectly contacts any member to influence his nomination will be declared ineligible for appointment as a judge.
Merit for appointment of judges will consist of professional qualifications, knowledge of law, ability, merit for judges will also include the reputation of the candidate and freedom from pressure, there should be adequate representation of lawyers and session judges in the nominations.
Adequate representation of all High Courts should be ensured for appointment to the Supreme Court, appointment to the Supreme Court will be from among the five most senior judges of the High Courts, appointment of the Chief Justice of the High Court will be from among the three most senior judges, voting will be done after considering all the names in the Judicial Commission.
The 2010 Rules of the Judicial Commission have been abolished. When the Judicial Commission Secretariat receives nominations, information can also be obtained from the relevant authorities and reports can also be sought from at least two civil intelligence agencies.
If reports are given in opposition, those making such remarks will write their names, positions and signatures. The selection of names for judges of High Courts and Shariat Courts will be done after the Medical Board certificates, which will assess the physical and mental fitness and issue certificates for the performance of duties as a judge.
The performa of the candidates nominated for appointment as judges is also attached to the rules. Details regarding complaints of misconduct are also part of the performa. If any complaint is received, what is its nature, what is the status of the complaint at this time.
The lawyer nominated for a High Court judge will also have to provide details of criminal, civil, family or other cases. If a lawyer appears on behalf of the government, he will have to provide details of the cases, reported decisions and details of five important decisions, and details of annual tax payments.
