Four Pakistan judges urge delay in appointing new justices, question IHC transfers

Four judges of Pakistan’s Supreme Court have urged Chief Justice of Pakistan (CJP) Yahya Afridi and the Judicial Commission of Pakistan (JCP) to delay the appointment of new justices, citing concerns over judicial independence and transparency.

In a letter sent Friday, Justices Mansoor Ali Shah, Munib Akhtar, Ayesha Malik, and Athar Minallah asked the JCP to postpone its February 10 meeting, where eight new Supreme Court judges are set to be appointed under the recently passed 26th Constitutional Amendment.

The judges argued that the amendment’s validity is still under judicial review, making the appointments premature. “Public trust in the judiciary hinges on how these petitions are handled,” the letter stated. “Inducting new judges at this stage, who are clear beneficiaries of the amendment, will undermine confidence in the institution and raise concerns about court-packing.”

The amendment, passed in 2024, altered the judicial appointment process, allowing a parliamentary committee to select the chief justice from among the three senior-most judges. It also introduced performance evaluations for high court judges.

Concerns over fairness and independence

The judges warned that if the appointments proceed before the Supreme Court’s Constitutional Bench reviews the amendment, it could lead to a legitimacy crisis. If the court later orders a full bench to hear the case, the newly appointed justices—beneficiaries of the amendment—would automatically be included, raising suspicions of bias.

“Why put the court in this position?” the judges asked in their letter. “Whose agendas and interests are served in exposing the court to indignity and ridicule?”

IHC judge transfers questioned

The letter also challenged the transfer of three judges to the Islamabad High Court (IHC), calling it constitutionally questionable. Under Article 200 of the Constitution, judges can be transferred only for a specified period, yet the latest transfers have no time limit.

The judges also raised concerns about seniority adjustments at IHC. “A judge from Lahore High Court, ranked 15th in seniority there, is now being regarded as the senior puisne judge of IHC,” the letter said. “How can a judge ineligible for Supreme Court appointment in his own high court suddenly become eligible through a transfer?”

The letter urged the Chief Justice and the JCP to reconsider the timing of the appointments to uphold judicial integrity.

The Supreme Court and government officials have yet to respond to the judges’ concerns.