The Judicial Commission experiences a division as Advocate Akhtar Hussain resigns
Advocate Akhtar Hussain, a member of the Supreme Judicial Council and representative of the Pakistan Bar Council in the Judicial Commission, has tendered his resignation. This move comes amid rising tensions within the commission, particularly surrounding the issues of seniority and the judicial selection process.
Advocate Hussain’s resignation signals the deepening divisions within the legal community over the controversial 26th Amendment, which has resulted in disagreements regarding the seniority and transfers of judges. In an interview with Samaa TV, he expressed his dissatisfaction with the Pakistan Bar Council’s stance on these critical matters. He explained that, initially, he had been representing the consensus opinion of the legal fraternity, but now, due to the division within the Bar, he found it appropriate to step down.
His concerns extend beyond internal Bar politics. Advocate Hussain voiced his dissatisfaction with the judicial appointment process itself, highlighting a significant shift in the balance of power. He pointed out that, under the current system, non-judicial members have the majority in the decision-making process for selecting judges, whereas judicial members previously held that advantage. “We raised objections even back then,” he said, advocating for the formulation of clear rules to ensure greater transparency in judicial appointments.
In his resignation letter addressed to Chief Justice of Pakistan and Chairman of the Judicial Commission, Justice Yahya Afridi, Advocate Hussain reiterated his long-standing commitment to the independence of the judiciary. However, he acknowledged that, given the controversies surrounding recent judicial appointments, he could no longer continue in his position. “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,” he stated. Despite resigning, he made it clear that his efforts to support the strengthening of judicial institutions and uphold democratic values would persist.
His resignation has now triggered a process within the Pakistan Bar Council to nominate a replacement in line with constitutional provisions. A meeting has been scheduled for Wednesday, February 26, to deliberate on the appointment of a new member to the Judicial Commission. Senior lawyer Ahsan Bhoon is widely expected to be nominated as Hussain’s successor.
The Judicial Commission of Pakistan, a 13-member body, plays a crucial role in the selection of judges. Its members include 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. Advocate Hussain’s resignation marks another chapter in the ongoing debate over judicial reforms and the balance of power in Pakistan’s legal system.
