President Asif Ali Zardari on Tuesday approved the appointment of Lahore High Court Justice Ali Baqar Najafi as a judge of the Supreme Court (SC), according to a notification issued by the Ministry of Law and Justice.
Last week, the Judicial Commission of Pakistan (JCP) had nominated LHC Justice Najafi as a judge of the SC.
“In exercise of the powers conferred under clause (1) of Article 177 read with clause (8) of Article 175A of the Constitution of the Islamic Republic of Pakistan, the President of Pakistan, is pleased to appoint Justice Ali Baqar Najafi, judge, LHC, as judge of the Supreme Court of Pakistan with effect from the date he makes oath of his office,” the notification by the presidency read.
The nominees for the two vacant slots of the SC were to be selected from the five senior-most LHC judges. As per the seniority list of the LHC, incumbent Chief Justice Alia Neelum was at the top. She was followed by Senior Puisne Judge Shujaat Ali Khan, and justices Najafi, Abid Aziz Sheikh and Sadaqat Ali Khan.
However, the JCP press release only said: “The commission by majority of its total membership nominated Mr Justice Ali Baqar Najafi, judge, LHC for his appointment as judge of the SC.”
The appointment has been made under Articles 177(1) and 175A(8) of the Constitution, according to the notification.
Article 177(1) provides, “The chief justice of Pakistan shall be appointed by the president, and each of the other judges shall be appointed by the president after consultation with the chief justice.”
Article 175A(8) was one of the clauses amended under the 26th Amendment.
Clause 8 earlier said the JCP may forward its nominations for each vacancy of SC, high court, or FSC judges to an eight-member parliamentary committee, which would have sent to the premier who would forward it to the president.
Under an amendment to the clause, the JCP will now send its nominations directly to the “prime minister who shall forward the same to the president for appointment”.
Earlier, a source had said that in evaluating the credentials and suitability of nominees for the appointment as LHC chief justice in July 2024, the JCP had concluded that the nomination of Justice Shujaat and Justice Najafi was not suitable or fit to hold the office due to alleged negative public perception as to their integrity and reputation amongst the judicial and legal fraternity.
All the members of the commission had endorsed this view, adding any negative perception against a judge displaced the concept of legitimate expectancy and, therefore, the candidacy of the nominee ought not to move forward. The foundational strength of a judicial institution is public trust, the JCP had unanimously held that the nominees must possess unchallenged integrity and unblemished reputation.
The meeting had also considered the matter of a letter from the LHC to the foreign ministry seeking protocol privileges for a sitting judge’s son at international airports in the United Arab Emirates and the United States.
The letter – dated October 6, 2023, and written by the senior additional registrar of LHC’s Rawalpindi bench to the foreign secretary – had indicated Justice Najafi’s desire for special protocol treatment for his son, Syed Muhammad Ali, at Abu Dhabi and John F. Kennedy (New York) international airports.
The communique was also sent to Pakistan’s ambassador in the UAE and the consul general in New York. The LHC had withdrawn the objectionable letter amid it being strongly disapproved by the legal fraternity.