Pakistan’s top court judge calls for JCP meeting delay, requests full court on 26th Amendment

Justice Syed Mansoor Ali Shah of Pakistan’s Supreme Court expressed serious concerns on Thursday regarding the upcoming meeting of the Judicial Commission of Pakistan (JCP), scheduled for Friday. He called for a full court review of the 26th Constitutional Amendment before any major judicial decisions are made.

In a letter addressed to Chief Justice of Pakistan Justice Yahya Afridi, who chairs the JCP, Justice Shah urged the postponement of the meeting.

He criticized the commission for nominating judges to the Supreme Court and Sindh High Court without establishing transparent criteria, particularly concerning the candidates' expertise in constitutional law.

Justice Shah argued that the process appears to rely disproportionately on the executive’s voting power under the 26th Amendment, which he described as lacking a logical foundation.

Justice Shah emphasized that the JCP’s decisions carry significant public importance and must be handled with accountability.

Citing Article 19A of the constitution, which guarantees every citizen the right to access information in matters of public interest, he called for the release of the Commission’s minutes.

“Transparency and accountability are essential for fostering public trust in the judiciary,” he wrote. “Releasing these minutes will dispel suspicions of favoritism, reinforce meritocracy, and strengthen the judiciary’s credibility as a cornerstone of democracy.”

Justice Shah also questioned the legal validity of the JCP’s current proceedings, noting that the 26th Amendment is being challenged in over two dozen Supreme Court petitions.

He warned that if the amendment is invalidated, the commission’s decisions—including judicial appointments—could be rendered void, potentially causing institutional embarrassment and wasting public resources.

To address these concerns, he proposed convening a full court to hear the petitions challenging the amendment and postponing the JCP meetings until the issue is resolved.

He further recommended establishing new rules for the commission under Article 175A (4) of the constitution.