Lawyers bodies propose amendments in JCP rules

ISLAMABAD - The representatives of Pakistan Bar Council, Supreme Court Bar Association, and High Court Bar Councils and associations of all the provinces unanimously approved the proposed amendments in the Judicial Commission of Pakistan (JCP) Rules 2010.The PBC and SCBA’s previous vice-chairman and president and PBC executive committee members also attended the meeting at the Supreme Court building on Friday.The meeting took four decisions, first related to amendments in JCP 2010 Rules. Second elections in all the bar councils at provincial high courts level and all the tehsils bar associations’ elections at the district level on the same day. Thirdly, discourage the frequent strikes in the courts and fourth banning the use of banners, lunch and dinner culture and distribution of cards in the High Court and District Court Bar Councils and Associations.It is worth mentioning that the PBC executive body had unanimously passed the amendments in the Commission’s rules on March 9, 2013.The Judicial Commission was created in pursuance of the 18th Amendment to recommend the appointment of judges of the superior courts. The Commission has framed its rules under clause (4) of Article 175A of the Constitution.The amendments have been sought in Rules 2, 3, 6 and 8 of the JCP. According to Rule 3(1) “For each anticipated or actual vacancy of a Judge in the Supreme Court or the Chief Justice of Federal Shariat Court or the Chief Justice of a High Court, the Chief Justice of Pakistan shall initiate nominations in the Commission for appointment against such vacancy. Rule 3(2) For each anticipated or actual vacancy of a Judge in the Federal Shariat Court or Judge in the High Court, the Chief Justice of the respective Court shall initiate and send nomination for appointment against such vacancy to the Chairman for convening meeting of the Commission.Rule 6 says the Chairman may constitute one or more committees of members for such purpose as may be deemed necessary, while according to Rule 8 of the JCP Rules; “Without prejudice to the foregoing, the Chairman may relax strict application of these rules in the public interest.”After the meeting PBC Vice Chairman Syed Qalbi Hassan told TheNation that they have recommended that before initiating and sending proposed names of the judges to the commission, superior bars’ representatives in the JCP should be consulted and this consultation should be meaningful.He said: “Regarding relaxation of rules, We have suggested that the whole commission and not just the chairman should have authority to relax strict application of these rules in the public interest.” The amendments also recommended that that the JCP’s committee on any matter should not be constituted by the chairman but by the commission. The PBC vice-chairman said that the meeting also decided that frequent strikes should be discouraged and there was no need to hold countrywide strike on 9th March, 12th May and 3rd November as much progress has been made subsequently. He further said the participants have agreed that the elections of Bar Councils of provincial High Courts should be held on the same day. Similarly, at the district level the Bar Associations’ elections in all the tehsils should be held on the same day.

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