The Judicial Commission of Pakistan (JCP) has nominated two new judges for the constitutional benches (CBs), despite opposition from senior Supreme Court judges. Justice Aqeel Ahmad Abbasi and Justice Ali Baqar Najfi received approval by a narrow vote of 7 to 6. However, Chief Justice Yahya Afridi did not support Justice Najfi’s nomination.
Five representatives from the government and a member of the Pakistan Bar Council backed Justice Aminuddin Khan’s proposal for the constitutional bench. While no one objected to Justice Abbasi, several members raised concerns over the nomination process. They argued there should be established criteria for appointing judges to high courts and nominations to the CBs.
Chief Justice Afridi previously formed a committee, led by Justice Jamal Khan Mandokhail, to develop rules for these nominations. However, this committee has yet to meet, leaving many in the legal community questioning the rationale behind the current nominations. Some judges, like Justice Ayesha Malik, have been nominated but are not included in important cases.
Critics argue that the process appears arbitrary, particularly when less experienced judges receive nominations over those with significant constitutional expertise. Expectations are high that the CB committee will soon form a bench to address review petitions related to reserved seats.