AGP supports Justice Qazi Faez Isa in Judicial Commission controversy

Picture source - Radio Pakistan

The attorney general of Pakistan has spoken out in favor of the views given by Justice Qazi Faez Isa and Justice Tariq Masood, over the decisions taken in the previous Judicial Commission meeting, adding that he had agreed to postpone the meeting because he thought that a “necessary criteria be created for such appointments” before taking them into consideration.

Ashtar Ausaf Ali claimed to have unequivocally agreed with Justice Tariq Masood’s position in a letter sent by the Pakistan attorney general’s office.

He stated that he “wish[ed] that the meeting had ended in a cordial manner, with unambiguous conclusions… preclude[ing] the Honorable Justice and Senior Puisne Judge Mr. Qazi Faez Isa from completing his remarks”.

He had refrained from commenting on the merits of each nominee proposed for elevation by Chief Justice of Pakistan Umar Ata Bandial “in the interest of propriety”.

Ausaf Ali wrote in the letter, which was distributed to other members of the Judicial Commission of Pakistan (JCP) and the press that he had maintained that Islamabad High Court Chief Justice Athar Minallah was “eminently qualified to be considered for elevation to the apex court.”

He clarified his stance was that “rejection or confirmation of candidates must be regulated by guiding criteria”, which must be decided upon in advance, and that any new applicants’ data must be thoroughly assessed in accordance with those standards.

The AGP stated, “It was for this specific reason that I requested that the meeting be postponed until the ratification of such criteria.”

“The members of the Judicial Commission hold a sacred trust in any appointment to the Supreme Court of Pakistan,” he said. Members must provide one another a complete and unrestricted opportunity to express their opinions in order to uphold this trust, he added.

He concluded “I am constrained to observe that the proceedings of the Judicial Commission can no longer be marked by such acrimony. We find ourselves in these rather transient offices as fiduciaries: our duty is to the republic we serve, not the travails of our personal experiences. To ensure the dispensation of justice, it is vital that the most outstanding jurists be elevated to the august Supreme Court of Pakistan, in a manner that is rooted in merit and process.”

In an effort to end the controversy surrounding the meeting, the CJ ordered the publication of the audio recording of the JCP meeting on Friday. Meanwhile, Justice Tariq Masood, another JCP member, submitted a letter of their own in support of Justice Isa’s arguments.