ISLAMABAD, July 29(ABC): Following Justice Qazi Faez Isa’s letter to the JCP, Justice Sardar Tariq Masood said on Friday that the press release issued by the public relations officer (PRO) of the Supreme Court at the Judicial Commission of Pakistan’s (JCP) meeting presented a “totally different version of events from what actually occurred”.
In a letter written to the JCP members, Justice Masood shared the events that transpired during the meeting held for the approval of the judges’ elevation to the apex court.
What happened during JCP meeting?
The judge said that when the meeting started, Chief Justice of Pakistan Umar Ata Bandial described the credentials of his nominees. After that, he requested Justice (retd) Sarmad Jalal Osmany, a member of the commission, to present his views.
According to Justice Masood, members “endorsed four nominees and disapproved the nomination of Justice Naimatullah Phulpoto”.
“Thereafter, Justice Sajjad Ali Shah and Justice Ijaz Ul Ahsan fully endorsed all the judges nominated by the Hon’ble Chairman (CJP) for their appointment as judges of the Supreme Court,” said Justice Masood.
After their approvals, it was Justice Masood’s turn, during which he discussed the seniority principle and also recommended that Justice Athar Minallah of the Islamabad High Court be considered.
“I did not approve three nominated judges of the High Court of Sindh and one judge of the Lahore High Court and requested to defer the nomination of the judge of the Peshawar High Court. The Hon’ble Law Minister, learned Attorney-General for Pakistan and Hon’ble Member of Pakistan Bar Council/ Member of the Commission agreed with my recommendations and dis-approved three nominee judges of the High Court of Sindh and one of the Lahore High Court,” said Justice Masood.
The judge then shared, that when Justice Qazi Faez Isa expressed his agreement with him and was in the middle of giving his reasons for disapproval, it became clear that five members of the Commission disapproved of the names of four nominees judges.
“… when at that juncture un-precedently, undemocratically and without dictating his decision of the commission and formally ending the meeting, abruptly the Hon’ble Chairman(CJP) stood up followed by Mr Justice Ijaz ul Ahsan and left the meeting room by uttering the word ‘adjourned’,” said Justice Masood. He added that the press release was of the Supreme Court was “contrary to the facts, as no one during almost three hours long meeting, proposed to postpone the meeting”.
“The meeting was ended abruptly as mentioned above when it was clear that nominations have been rejected by a majority of five/four of nine members of the commission and it was wrongly mentioned in the press release that four members of the commission have requested for postponement of the meeting. Had there been any such situation then there was no occasion by the members for giving their comments qua approval or disapproval of the nominations,” said Justice Masood.
