Supreme Court Judges Raise Important Questions in Letter to Chief Justice of Pakistan
Four judges in the Supreme Court have written a letter to Chief Justice of Pakistan Justice Yahya Afridi, raising crucial questions regarding judicial appointments. Justices Mansoor Ali Shah, Manzoor Akhtar, Ayesha Malik, and Athar Minallah have requested to postpone the Judicial Commission meeting scheduled for February 10th in their letter. They highlighted concerns about the legitimacy of a meeting of the Judicial Commission under the 26th Constitutional Amendment on February 10th. The Lahore High Court has sought clarification on the seniority of one judge, questioning how he became eligible for the Supreme Court despite being ranked 15th. The letter also mentioned suspicions over the constitutionality of the exchange of judges and emphasized that direct action, rather than indirect measures, should be taken according to the law.
The judges further stated in the letter that the process of appointing new judges should be halted until a decision is made on the constitutional amendment case. They proposed delaying the Judicial Commission meeting until the seniority of the judges in the Islamabad High Court is determined. Moreover, they warned that if the full court accepts the constitutional bench’s requests, the role of new judges in the formation of the full court could be questioned. Expressing concerns about public trust, the judges stated that current circumstances are affecting the perception of “court-picking” by the public. They expressed a desire to know whose agendas and interests are being served in the degradation of the court. The letter clarified that the exchange of judges can only be done temporarily, not on permanent grounds according to the constitution. Additionally, a judge’s oath is specific to the High Court they are appointed to and cannot be extended to all High Courts. The judges also criticized the decision of the Chief Justice of the Islamabad High Court, where changes in a judge’s seniority were made without considering the principles of seniority, raising further doubts among the public about the integrity of the judiciary.
This letter sheds light on the current situation within the Supreme Court, where transparency and trust in constitutional matters are being called into question.
