An in-camera meeting of the newly formed Special Parliamentary Committee (SPC) to nominate the next chief justice of Pakistan (CJP) from among the three most senior judges of the Supreme Court was delayed till 8:30pm tonight (Tuesday) after the PTI decided not to participate in it. Outgoing CJP Qazi Faez Isa is scheduled to retire on October 25.

The meeting was scheduled to start at 4pm, however, it was delayed by over four hours to placate Imran Khan’s party which also boycotted the vote on the 26th Constitutional Amendment.

Other members of the committee decided to attempt to persuade the SIC representatives to join the discussions.

“The ideal approach would be to bring them into the committee,” Law Minister Azam Nazeer Tarar told reporters at the Parliament House and suggested that each party should send one committee member to engage with the opposition members.

Upon arrival for the meeting, PPP’s shraf did not respond to reporters’ questions while JUI-F Senator Murtaza mentioned that he had not yet received the names of the judges under consideration.

When asked if the committee would be able to decide the name tonight, Murtaza said: “God knows better.” PML-N’s Ahsan Iqbal was of the view that it was too early to comment on any name.

Previously, senior puisne judge Justice Mansoor Ali Shah was expected to ascend to the role of CJP based on seniority. But the recently passed 26th Constitutional Amendment changed that rule and introduced Parliament’s role in the appointment process for the CJP.

According to the amendments made to clause 3 of Article 175A, instead of the president directly appointing the “most senior judge of the Supreme Court,” the new CJP will now be chosen based on recommendations from the SPC.

The next two senior judges in line for the CJP position after Justice Mansoor Ali Shah are justices Munib Akhtar and Yahya Afridi. According to the new clause 3C of Article 175A, the first nomination after the recent constitutional amendment must be submitted “within three days prior to the retirement” of the outgoing CJP.

This means the SPC must finalise its nomination by tonight as the incumbent CJP is set to retire on October 25.

National Assembly Speaker Ayaz Sadiq formed the SPC on Monday. It consists of eight members of the National Assembly and four senators, selected by their respective parliamentary leaders. The committee reflects the political party representation based on their strength in the House.

Members of the committee include Khawaja Asif, Ahsan Iqbal, Shaista Pervaiz Malik, and Senator Azam Nazeer Tarar from the Pakistan Muslim League-Nawaz (PML-N); Raja Pervez Ashraf, Naveed Qamar, and Senator Farooq Hamid Naek from the Pakistan Peoples Party (PPP); Hamid Raza, Gohar Ali Khan, and Senator Ali Zafar from Sunni Ittehad Council (SIC); MNA Rana Ansar from the Muttahida Qaumi Movement-Pakistan; and Senator Kamran Murtaza from the Jamiat Ulema-i-Islam-Fazl.

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Iqbal expressed optimism that a decision on the next CJP would be reached today, clarifying that no name had been “predecided” and discussions would take place during the meeting.

He also quoted Greek philosopher Socrates on social media, emphasising the qualities of a good judge: “Four things belong to a judge: to listen courteously, to answer wisely, to consider soberly, and to decide impartially.”

PTI refuses to participate in meeting

None of the committee members from the PTI attended the meeting. PTI Central Information Secretary Waqas Akram announced on social media that the party’s political committee opted not to participate in the proceedings.

PTI leader Zulfi Bukhari stated that the party would not participate in any parliamentary committee, asserting that both the amendments and the way they were enacted were “illegal.”

In a social media post, he said: “Why would we legitimise them and be part of this mafia that is destroying the independence of our judiciary?”

According to the amendment, the committee is tasked with sending its nominee’s name to Prime Minister Shehbaz Sharif, who will then forward it to President Asif Ali Zardari for appointment.

The Karachi Bar Association has criticised the “non-transparent and hasty manner” in which the amendment was passed, arguing that there was “no valid reason to overlook” Justice Mansoor Ali Shah for the role of CJP.

Lawyer leaders have pledged to initiate a protest movement against the amendment, reminiscent of the demonstrations held in 2007.