Justice Mansoor Ali Shah Calls for Clear Criteria in Judicial Appointments Ahead of Commission Meeting
Justice Mansoor Stresses Need for Clear Criteria in Constitutional Bench Appointments
Islamabad: Ahead of today’s Judicial Commission meeting, another letter from Justice Mansoor Ali Shah has surfaced, addressing important issues.
According to private TV reports, Justice Mansoor Ali Shah sent a letter to the Secretary of the Judicial Commission, stating that the rules should include a clear mechanism for the appointment of judges to the constitutional bench. He emphasized the need to establish a process for determining the number of judges to be included in the constitutional bench.
The letter further stated that there should be a defined criterion for selecting judges for the constitutional bench. One such criterion could be the number of constitutional interpretation decisions a judge has made. Justice Mansoor pointed out that the Commission has already formed constitutional benches in the Supreme Court and Sindh High Court without such a benchmark. He also mentioned that he had already clarified his stance on the 26th Amendment.
In his letter, Justice Mansoor Ali Shah suggested that a full court should first review the 26th Amendment. He added that his opinion on the rules is conditional on the determination of this amendment and the constitutional status of the Commission.
Additionally, Justice Mansoor shared his overall opinion on the rules related to judicial appointments. He opposed the idea of taking intelligence agency reports for judge appointments, warning that such a practice could lead to misuse. He pointed out that the executive already holds the majority in the Judicial Commission.
According to the letter, judges take an oath to protect and defend the Constitution, and therefore, the rules for judicial appointments should reflect this oath.
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It is worth noting that the Judicial Commission meeting, chaired by Chief Justice of Pakistan Justice Yahya Afridi, will take place today.