Advocate Akhtar Hussain - a member of the Supreme Judicial Council and the Pakistan Bar Council’s representative in the Judicial Commission - on Monday tendered his resignation.
His resignation comes at a time when tensions within the Judicial Commission have intensified over the issue of seniority and the selection process for judges.
Speaking to Samaa TV, Advocate Akhtar Hussain stated that he did not agree with the Pakistan Bar Council’s stance on the seniority and transfers of judges and felt it was appropriate to resign.
"I was representing the consensus opinion of the legal fraternity, but following the 26th Amendment, there are divisions within the Bar," he said.
He further emphasised his concerns about the appointment process, pointing out that non-judicial members currently hold the majority in the selection of judges, while previously, judicial members had the advantage.
“Even back then, we raised objections. I wanted rules to be formulated to ensure transparency,” he added.
In his resignation letter addressed to Chief Justice of Pakistan and Chairman of the Judicial Commission, Justice Yahya Afridi, Advocate Hussain noted that he had been unanimously nominated by the Pakistan Bar Council as a member of the Judicial Commission three times under Article 175(A)(2)(vi) of the Constitution.
However, he expressed his inability to continue his duties in light of the recent appointments.
“I have been performing my responsibilities to the best of my ability, but given the controversies surrounding judicial appointments, I find myself unable to carry on,” Mr. Hussain stated in his letter. “I am resigning from the membership of the Judicial Commission of Pakistan, though I remain committed to the struggle for the independence of the judiciary.”
He further assured that his efforts for the strengthening of judicial institutions and democratic values would continue.
A copy of his resignation has also been forwarded to the Pakistan Bar Council, requesting it to nominate a new member in his place in accordance with constitutional provisions.
Following his resignation, the Pakistan Bar Council has scheduled an important meeting on Wednesday, February 26, to discuss the appointment of a new member to the Judicial Commission. Sources indicate that senior lawyer Ahsan Bhoon is likely to be nominated as the new representative.
The 13-member Judicial Commission of Pakistan comprises the Chief Justice of Pakistan, five senior judges, four parliamentary members, the Attorney General, the Law Minister, a representative of the Bar Council, and a female or non-Muslim member nominated by the Speaker of the National Assembly.
