‘Judges for CBs, HCs’: Justice Mansoor says ‘rules must provide mechanism, criteria’

ISLAMABAD: Justice Syed Mansoor Ali Shah said the proposed rules under Article 175 (A) (4) of the Constitution must provide the mechanism and criteria for nomination and determination of the number of judges for constitutional benches of Supreme Court and High Courts.

Justice Mansoor wrote a letter to the secretary Judicial Commission of Pakistan (JCP) ahead of its meeting.

The JCP meeting was chaired by Chief Justice of Pakistan/ Chairman of the Commission Yahya Afridi to review proposed rules for judicial appointments. He wrote that nomination and determination under Articles 191A and 202A of the Constitution cannot be done in a vacuum and the Commission must first lay down an objective criterion through the Proposed Rules. It is imperative and obligatory for the Commission to formulate a mechanism and criteria for nomination and determination of the judges for the constitutional benches in the general interest of the public.

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Justice Mansoor opposed the inclusion of intelligence agencies in the process of appointing judges, cautioning against the potential misuse of such a practice.

In a nine-page letter, the senior puisne judge of the Supreme Court wrote; “Allowing civil intelligence agencies a say in the appointment process is prone to misuse, especially when primacy in the Commission is enjoyed by the Executive.”

“(It) must be avoided. Judicial members may rely on their personal information collected from their judicial peers and otherwise,” he added.

He suggested that the commission adopt a clear mechanism for selecting judges for constitutional benches, including evaluating the number of constitutional interpretation judgments authored by candidates.

Justice Mansoor criticised commission’s past practice of forming constitutional benches without predefined criteria, noting the lack of a structured approach to such critical appointments.

He emphasised that judges’ inclusion in constitutional benches should follow measurable and fair standards.

This is the second time Justice Mansoor has expressed his concerns regarding the 26th Constitutional Amendment, under which, the JCP has been constituted.

In his letter to Justice Jamal Khan Mandokhail, who is a chair of a JCP’s subordinate body constituted by the Chief Justice of Pakistan (CJP) to prepare draft rules of the national commission for judges’ appointments, the senior puisne judge pointed out “grave risks” posed by the “unprecedented shift” in the composition of the JCP.

These “risks” as mentioned by Justice Mansoor, include the potential for “political appointments and the packing of courts with judges lacking an ideological commitment to the rule of law”.

Prior to his letter to Justice Mandokhail, Justice Mansoor wrote a letter to CJP Yahya last week and sought the postponement of the JCP’s meeting, as numerous petitions challenging the 26th Constitutional Amendment were still pending before the apex court. However, CJP Yahya Afridi made it clear that the commission did not have the scope to discuss the 26th Constitutional Amendment.

Copyright Business Recorder, 2024