Justice Mansoor Ali Shah, the senior puisne judge of the Supreme Court of Pakistan, has called for an immediate halt to judicial appointments until robust rules are finalized.
In a letter addressed to the chairman of the committee tasked with drafting criteria for the Judicial Commission of Pakistan (JCP), Justice Jamal Mandokhail, Justice Shah expressed deep concerns about the judiciary’s independence and its ability to uphold democratic accountability.
“The judiciary of Pakistan is passing through one of its weakest moments in history, and the risks of executive overreach are higher than ever,” Justice Shah wrote.
A copy of the letter written by Justice Mansoor Ali Shah.Nukta
He warned that the absence of transparent procedures for judicial appointments could enable political interference, undermining public confidence in the courts.
A copy of the letter written by Justice Mansoor Ali Shah.Nukta
Justice Shah highlighted that Clause (4) of Article 175A of the Constitution mandates the JCP to establish rules for assessing and appointing judges.
He noted that without these rules, any appointments would be unconstitutional and risk serving partisan interests rather than upholding constitutional values.
The judge emphasized the urgency of adopting clear criteria that prioritize integrity, merit, and the rule of law. He warned that hasty appointments without a structured framework could erode the judiciary’s credibility and compromise its role as a neutral arbiter of justice.
A copy of the letter written by Justice Mansoor Ali Shah.Nukta
Justice Shah pointed to the 26th Constitutional Amendment, which shifted the balance of power in the JCP, granting a majority to the executive. This shift, he said, poses grave risks, including politically motivated appointments and a potential loss of judicial independence.
He urged the committee to focus on selecting judges with impeccable ethical standards, integrity, and a demonstrated commitment to constitutional principles.
“Looking forward to the draft rules in the next meeting of the JCP fixed on December 21, 2024,” he concluded, reiterating the need for immediate action to ensure fairness and resilience against external influences.
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