ON July 2, 2024, the Judicial Commission of Pakistan (JCP) nominated Justice Shafi Siddiqui and Justice Aalia Neelum to be the next chief justices of their respective high courts.

The decision to appoint Justice Shafi Siddiqui, who is known for his vast knowledge base and swift disposals, has been widely hailed in Sindh, whereas that of Justice Aalia Neelum, who was not the senior most judge in the Lahore High Court, has also been met with relative positivity.

However, prior to July 2, the Sindh High Court Bar Association had pointed out that the JCP was seeking to consider the three senior-most judges of each high court as chief justice. As per the bar association, the senior most judge should be appointed as chief justice; the consideration of others would be “against the principles of natural justice, seniority, and the doctrine of legitimacy”.

In relying on the concept of merit trumping any form of seniority, many might disagree with the bar association’s opposition to the elevation of a junior judge as chief justice. However, although there appears to be no cavil to this principle, what qualifies as ‘merit’ is the question that has been plaguing the institution for some time now.

Without declared and established criteria for appointing a chief justice, whispers of manipulation or favouritism may follow.

In fact, upon his appointment as chief justice of Pakistan, Chief Justice Qazi Faez Isa had been seen to make efforts to finalise a formula or criteria for appointing........

© Dawn