Senior Supreme Court judge Justice Mansoor Ali Shah has expressed concern over possible political appointments in the judiciary in light of the recently enacted 26th Amendment, saying that he has given the executive majority in the Judicial Commission of Pakistan (JCP). has given
In a letter to Justice Jamal, he said, “In Pakistan, the Judiciary has had the upper hand in the process of appointment of judges, but this important balance has been fundamentally upset under the amendment, which now gives the executive a majority in the commission.” provides”. Khan Mandukhel – who heads the five-member committee appointed to draft the rules.
Last week, Justice Shah, in a letter to the Chief Justice, sought an adjournment of the JCP meeting, as several petitions challenging the 26th Constitutional Amendment are still pending in the Supreme Court. However, Chief Justice Yahya Afridi made it clear that the commission has no scope to discuss the 26th constitutional amendment.
In his letter today, the senior judge referred to clause (4) of Article 175A of the Constitution, which mandates the commission to make its own rules of procedure, “for the appointment of judges and evaluation, including assessment and fitness”. .
“In the absence of such rules, any action taken by the commission to appoint judges would be unconstitutional,” he maintained.
Justice Shah noted that the composition of the JCP poses serious risks due to “unprecedented change”, including “political appointments and a glut of courts with judges who lack ideological commitment to the rule of law.”
“Any appointment made without a clear and transparent framework of rules will undermine public confidence in the judiciary, compromise its independence, and act as an impartial arbiter of justice,” the letter said. will destroy its capacity.”
He stressed that the selection and appointment of judges “must be systematic and rational and never be left to arbitrary or politically motivated decisions”.
In these circumstances, the judge said, it becomes necessary to formulate well-thought-out rules that provide the necessary filter to select the best of the best, thereby safeguarding judicial independence and merit-based selection. is ensured.
He also lamented that Pakistan’s judiciary is going through one of its weakest moments in history, and the dangers of executive overreach are greater than ever.
“The absence of strong rules and regulations will allow outside influence to undermine the judiciary to facilitate appointments that serve partisan interests rather than upholding constitutional values,” he added.
Therefore, the judge said, it is important that no appointment to the Constitutional Courts takes place until these principles are finalized and adopted by the JCP. “Any haste in the matter by the JCP could seriously undermine and weaken the judiciary for years to come.”