Justice Ali Baqar Najafi’s Appointment to the Supreme Court
Key Points:
- Presidential Approval:
- President Asif Ali Zardari approved the appointment of Lahore High Court (LHC) Justice Ali Baqar Najafi as a Supreme Court (SC) judge, as per a notification from the Ministry of Law and Justice.
- Nomination by JCP:
- The Judicial Commission of Pakistan (JCP) had previously nominated Justice Najafi for the SC position.
- Constitutional Basis:
- The appointment was made under Article 177(1) (which mandates presidential appointment of judges after consultation with the Chief Justice) and Article 175A(8) (amended under the 26th Amendment, removing the parliamentary committee’s role and allowing direct nomination by the JCP to the PM and president).
- Selection Process & Seniority:
- The two vacant SC positions were to be filled from the five senior-most LHC judges.
- Justice Najafi was third in seniority, after Chief Justice Alia Neelum and Senior Puisne Judge Shujaat Ali Khan.
- Controversies & Past Concerns:
- In July 2024, the JCP reportedly deemed Justice Najafi and Justice Shujaat unsuitable for the LHC chief justice position due to “negative public perception” regarding their integrity.
- A 2023 letter from the LHC (later withdrawn) had sought special airport protocol for Justice Najafi’s son in the UAE and the U.S., raising ethical concerns.
- JCP’s Emphasis on Integrity:
- The JCP had previously stressed that judicial nominees must have “unchallenged integrity and unblemished reputation” to maintain public trust in the judiciary.
Conclusion:
The appointment of Justice Ali Baqar Najafi to the Supreme Court follows constitutional procedures but comes amid past controversies regarding judicial conduct and public perception. While the JCP approved his nomination by majority, previous concerns about propriety and ethical standards highlight ongoing challenges in judicial appointments. The case underscores the importance of transparency and merit-based selections to uphold the judiciary’s credibility.
