ISLAMABAD: President Asif Ali Zardari on Tuesday gave his assent to the elevation of Justice Ali Baqar Najafi as a judge of the Supreme Court (SC), according to a notification issued by the Ministry of Law and Justice.
The Judicial Commission of Pakistan (JCP) had nominated Lahore High Court (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.
Last week, the Judicial Commission of Pakistan (JCP) led by Chief Justice Yahya Afridi approved the elevation of Justice Ali Baqar Najafi to the Supreme Court by a majority vote of 9 to 4.
The nominees for the two vacant slots of the SC had 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.
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”.
