JCP set to consider Nasir Javed Rana for LHC judgeship

Magistrate held 'unfit' for judiciary by SC tops the list of nominees 

The Judicial Commission of Pakistan will meet on July 21 to consider new appointments for the Lahore High Court. The meeting agenda has two main items. The first is the confirmation of one additional judge. The second is the consideration of nominations for 10 vacancies for additional judges. The first name on the list is Nasir Javed Rana, district and sessions judge.

A search into Nasir Javed Rana’s record shows that his name has appeared before in an important Supreme Court order. In 2005, he was serving as civil judge 1st class and magistrate section 30 in Rawalpindi. At that time, he became the subject of a suo motu case taken up by the Supreme Court itself. The case is recorded in law books as PLD 2005 Supreme Court 86, titled The State versus Nasir Javed Rana. The order was authored by then chief justice Nazim Hussain Siddiqui and decided on October 26, 2004.

The case arose after a senior lawyer Habibul Wahabul Khairi was arrested in a fraud case. Mr Khairi was accused under sections of the Pakistan Penal Code dealing with cheating and forgery. Nasir Javed Rana, as the magistrate handling the case, granted police physical remand of Mr Khairi for 10 days.

The problem, according to the Supreme Court, was that Mr Khairi was never actually produced before the magistrate when the remand order was passed. Many lawyers, journalists, and television crews were present outside the court that day. None of them witnessed Mr Khairi being brought before the magistrate. A police sub inspector later told the Supreme Court directly that Mr Khairi was not produced, and that the remand was granted only on the basis of paperwork.

The Supreme Court examined affidavits from many lawyers and court staff. Some staff members loyal to the magistrate claimed that Mr Khairi had been produced. The Supreme Court did not believe these claims. It found that the magistrate had acted to favour someone behind the scenes in what was, at its root, a civil property dispute rather than a serious criminal matter.

The Supreme Court used strong words in its final order. It said the magistrate had deliberately misconducted himself. It said he had passed an illegal order and had taken a dishonest position by claiming Mr Khairi was produced before him when he was not. The Supreme Court concluded that the magistrate showed a strong tendency toward misconduct and was unfit for judicial service. His judicial powers were withdrawn immediately. The Supreme Court also referred the matter to the Lahore High Court for further action against him. Court employees who filed false affidavits to support him were ordered suspended, and lawyers who did the same were referred to the Punjab Bar Council for disciplinary action.

More than two decades later, Nasir Javed Rana appears to have continued his career in the judiciary. His current listed designation is district and sessions judge. He now stands as the top nominee for elevation to the Lahore High Court, one of the highest courts in the province.

The Judicial Commission of Pakistan will decide on 21 July whether Nasir Javed Rana and the other twenty three nominees move forward to become Additional Judges of the Lahore High Court. The commission includes senior judges and legal figures who review the professional and personal record of every nominee before making a decision. Whether the 2004 Supreme Court order will be part of that review remains to be seen.