How Can Spy Agencies Control Judges’ Appointments? asks SC Judge

Mon May 08 2023
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ISLAMABAD: Justice Athar Minallah of the Supreme Court (SC) on Monday expressed his astonishment that how can the intelligence agencies control the judges’ appointments.

He observed that this will affect the independence of judiciary. Hearing the issue of appointment of judges by a parliamentary committee, the judge remarked that in such a situation, independence of judiciary could be undermined.

The Supreme Court is hearing the issue of appointment of judges through the parliamentary committee. It is proceeding on a petition over the non-appointment of Justice Tariq Afridi as an additional judge of the Peshawar High Court (PHC).

The petitioner maintained that the Judicial Commission of Pakistan (JCP) approved the appointment of Justice Tariq Afridi as the additional judge but the parliamentary committee rejected the nomination over an intelligence report. “How can intelligence agencies control the appointment of judges?” Justice Athar Minallah posed a question. The parliamentary committee took a decision in light of an intelligence report rather than considering professional capacity of the judge, Justice Minullah observed.

The Supreme Court remarked that the court will review the legality of the matter. “Can the parliamentary committee reject the recommendations of the Judicial Commission?” the Chief Justice posed a question. The court then summoned the Attorney General for Pakistan for assistance at the next hearing as it adjourned further hearing of the case for a month.

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