ISLAMABAD: Akhtar Hussain, a senior representative of the Pakistan Bar Council (PBC), resigned from the Judicial Commission of Pakistan (JCP) on Monday, becoming the first casualty amid ongoing controversies surrounding judicial appointments.
In a one-page resignation letter addressed to Chief Justice of Pakistan (CJP) Yahya Afridi, who also chairs the JCP, Hussain stated, “I am unable to continue and hereby resign as a member of JCP.”
His resignation follows recent elections in the Lahore High Court and Islamabad High Court bar associations, which some legal circles interpret as a strong message against the 26th Amendment, arguing that it undermines judicial independence and the rule of law.
Hussain, who had been nominated to the JCP three times by the PBC, emphasized in his letter that he had performed his duties to the best of his abilities but could no longer continue due to the current disputes over judicial appointments. A copy of his resignation was sent to the PBC chairman, who is also the Attorney General for Pakistan so that a new nomination could be made as per the Constitution.
A JCP meeting has been scheduled for February 26 to select Hussain’s replacement, with former PBC vice chairman and ex-Supreme Court Bar Association (SCBA) president Mohammad Ahsan Bhoon expected to take his place.
During his tenure, Hussain participated in JCP meetings that led to the elevation of 36 judges to various high courts and seven judges to the Supreme Court under the 26th Amendment. He had consistently argued that judicial appointments should not be decided by majority vote alone but should follow a structured selection process.
Hussain also voiced his opposition to the transfer of Justice Sarfraz Dogar from the Lahore High Court (LHC) to the Islamabad High Court (IHC) and his subsequent appointment as acting chief justice of the IHC, bypassing senior judges. He had previously dissented on the appointments of Justice Shujaat Ali Khan and Justice Ali Baqar Najafi from the LHC to the Supreme Court.
At the last JCP meeting, the proposal to elevate these LHC judges to the Supreme Court failed due to a lack of majority support.
