Pakistan's top court judge agrees to postpone judicial appointments

The head of Pakistan's top judicial rule-making body on Saturday asked Supreme Court Justice Mansoor Ali Shah to withdraw his nominations for high court judges, agreeing with his request that all appointments should wait until new selection rules are finalized.

The request from Justice Jamal Khan Mandokhail, who chairs the committee drafting new judicial appointment rules under Pakistan's recent 26th Constitutional Amendment which made seeping changes to the judiciary, came two days after Justice Shah warned that making Supreme Court appointments without established criteria would be unconstitutional.

Although Justice Mandokhail pointed out an apparent contradiction in Justice Shah's position, the request also signaled an acceptance of Justice Shah's core demand to halt appointments.

The response came after Justice Shah, the apex court's senior puisne judge, had warned that Pakistan's judiciary was "passing through one of its weakest moments" and called for halting all appointments until comprehensive rules were established.

Justice Mandokhail responded to criticisms in Justice Shah's letter by arguing that many proposed reforms were already in progress. These include structured interviews, peer reviews, and continuous oversight mechanisms - measures absent from the current system.

"Most of the suggestions highlighted by you in the letter have already been incorporated in the draft rules," he wrote to Justice Shah, disclosing that two committee meetings had already taken place to frame the new regulations.

"I suggest that you may propose these names or more, after approval of the rules by the committee, so that proper elevations are made," Justice Mandokhail, who chairs the committee tasked with drafting criteria for the Judicial Commission of Pakistan (JCP), wrote.

The rules committee is scheduled to meet Monday to continue deliberations on the new appointment criteria. It is expected to review the final draft of the rules on December 21.

Judicial reforms

The exchange comes as Pakistan's judiciary grapples with reforms following the recent 26th Constitutional Amendment, which shifted the balance of power in judicial appointments toward the executive branch.

Previously, judges were appointed through the JCP under 2010 rules that critics argued lacked comprehensive selection criteria and transparency. The process has come under increased scrutiny since the 26th Constitutional Amendment shifted more appointment power to the executive branch.

The rules will establish criteria for assessing potential judges' integrity, efficiency, and commitment to judicial independence.

Justice Mandokhail declined to comment directly on the constitutional amendment, noting it was "sub judice before the Court". However, he emphasized that the judiciary "belongs to the citizens of Pakistan" and assured that all commission members would have the opportunity to review the draft rules before approval.