Special Parliamentary Committee reconvenes sans SIC-PTI to pick next CJP

Islamabad
A meeting of the newly appointed Special Parliamentary Committee (SPC) to nominate the next chief justice of Pakistan (CJP) from among the three most senior Supreme Court judges reconvened on Tuesday night after failing to compel members associated with the PTI-Sunni Ittehad Council (SIC) to join proceedings.
A sub-committee comprising four individuals was charged to convince the PTI-SIC to attend proceedings, after which a meeting was held in National Assembly Speaker Ayaz Sadiq’s chambers with PTI Chairman Barrister Ali Gohar. However, the PTI remained adamant about skipping proceedings as Gohar said his party’s political committee had announced boycotting the meeting.
CJP Qazi Faez Isa is set to retire as the top judge on October 25. Senior puisne judge Justice Mansoor Ali Shah was previously set to be the next CJP under the seniority principle.
However, the newly enacted 26th Constitutional Amendment has brought numerous changes pertaining to the judiciary, among which is the process of appointing the CJP.
Under amendments to clause 3 of Article 175A, instead of the president appointing the “most senior judge of the Supreme Court” as the CJP, the top judge will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” SC judges.
After Justice Shah, the next two senior apex court judges are Justices Munib Akhtar and Yahya Afridi.
Under a new clause 3C of Article 175A, the first nomination after the Amendment was in force is to be sent “within three days prior to the retirement” of the outgoing CJP.
This sets the deadline for the SPC to send its nomination by tonight, as Justice Isa is to retire on October 25.
The SPC, which was formed a day ago by Speaker Sadiq, comprises eight MNAs and four senators nominated by their respective parliamentary leaders. Political parties have representation in the committee based on their strength in the parliament.
The committee comprises PML-N’s Khawaja Asif, Ahsan Iqbal, Shaista Pervaiz Malik and Senator Azam Nazeer Tarar; PPP’s Raja Pervez Ashraf, Naveed Qamar and Senator Farooq H. Naek; SIC’s Hamid Raza; PTI-affiliated MNA Gohar Khan and Senator Ali Zafar; Muttahida Qaumi Movement-Pakistan MNA Rana Ansar; and Jamiat Ulema-i-Islam-Fazl’s Senator Kamran Murtaza.
According to a notification issued by the NA secretariat, the in-camera meeting of the special committee was scheduled for 4pm.
Arriving for the meeting, Ashraf went inside without answering questions of reporters while Senator Murtaza said he had not yet received the names of the judges.
Meanwhile, Iqbal hoped that the next CJP’s name would be finalised today, adding that there was no “predecided” name and it would be discussed in the committee meeting.
Earlier, in a post on X, he quoted Greek philosopher Socrates to say: “Four things belong to a judge: to listen courteously, to answer wisely, to consider soberly and to decide impartially.”
None of the committee members associated with the PTI showed up for the meeting.
Talking to reporters outside the meeting room, Tarar said nine committee members were present, adding that as per the Constitution, eight people were required to make a decision regarding the CJP.
He added that it was also stated that the committee’s proceedings would not be halted if any seat was left vacant or a member skipped the meeting.
“The required number is present. But despite that, we are democratic-minded people and the beauty of democracy is in inclusiveness and everyone uniting.”
He said Sadiq, Ashraf, Iqbal, Murtaza and Ansar were requested to visit and compel the PTI-SIC members to reconsider and join the meeting.
“This is a major national issue so it is our wish … and we have decided to definitely make one attempt to request them to come and attend the meeting. We will reconvene the second session at 8:30pm again today.”
A press release from the NA secretariat said the sub-committee requested Speaker Sadiq to arrange a meeting, which he did so in his chambers between members of the sub-committee and Barrister Gohar.
“The SIC was invited by the NA speaker and members of the committee to participate,” the press release said, adding that Barrister Gohar told them that the PTI’s political committee had decided that he would not attend the proceedings.
Speaking to the media after the meeting in the NA speaker’s chambers, Barrister Gohar said the party had decided that the manner of the 26th constitutional amendment’s passage was unconstitutional and therefore the PTI would not participate in the proceedings of a committee formed as a result of the new legal reforms.
“I excused myself from participation. We will not join the committee. We are not going into isolation. We have already been participating and that is why we are sitting in parliament and its committees.”
The remaining nine committee members subsequently reconvened the meeting to pick the next chief justice.
Under the recent amendment, the committee would send the nominee’s name to Prime Minister Shehbaz Sharif, who shall forward the same to President Asif Ali Zardari for the appointment.