Senior Puisne Judge of Pakistan Justice Syed Mansoor Ali Shah has expressed concern, warning against the growing threat of executive overreach in what he sees as one of the weakest periods in the history of the judiciary. In a five-page letter to Justice Jamal Khan Mandokhail, Chairman of the Judicial Commission of Pakistan (JCP) Rulemaking Committee, Justice Shah sought to amend the established rules for appointment of judges to constitutional courts. Expressed serious concern over the shortage. The Express Tribune Reported.
In a letter dated December 12, Justice Shah noted that the judiciary has historically played a leading role in the process of appointment of judges in Pakistan. However, he argued that this critical balance has been significantly disrupted by the 26th Constitutional Amendment, which now gives the executive a majority in the Judicial Commission of Pakistan (JCP).
He further warned that unprecedented changes in the composition of the JCP present serious dangers, such as the possibility of political appointments and the filling of courts by judges with no ideological commitment to the rule of law.
He warned that such a weakness would harm the independence of the judiciary, the rule of law and the democratic structure.
“Sub-section (4) of Article 175 ‘A’ of the Constitution states that the commission should make procedural rules for the appointment of judges, including the process and criteria for evaluating, evaluating and determining the qualifications of judges,” said Judge Shah. his letter.
He warned that without these rules, any action of appointing judges by the commission would be unconstitutional. He warned that due to the lack of strong rules and standards, appointments based on party interests instead of upholding constitutional principles would open the door to external influences that would weaken the judiciary.
He stressed that no appointment should proceed until these rules are finalized in the Constitutional Court and approved by the JCP. He argued that this approach is important not only to protect the independence of the judiciary, but also to increase public confidence in the court as a protector of justice, rule of law and democratic accountability.
He warned that any rush by the JCP could cause great damage and weakening of the judiciary in the years to come. The letter follows Chief Justice of Pakistan Yahya Afridi’s decision to set up a five-member committee to draft regulations to regulate the process and criteria for judicial appointments.
Last week, Chief Justice Afridi presided over a JCP meeting in which three main issues were addressed – the formation of the Rules Drafting Committee, the nomination of Justice Shahid Bilal Hasan as the eighth judge of the Constitution Bench of the Supreme Court, and the appointment of additional judges. Sindh and Peshawar High Court.
Why should you buy our membership?
You want to be the smartest in the room.
You want access to our award-winning journalism.
You don’t want to be confused and misinformed.
Choose your subscription package