Selection of judges for CB: Justice Mansoor urges JCP to develop formal criteria

ISLAMABAD: Justice Mansoor Ali Shah urged the Judicial Commission of Pakistan that formal criteria must be developed for selection of judges to the Constitutional Bench.

“The ad-hocism has already cast a long shadow on the legitimacy of the Constitutional Bench, and continued exclusion of senior judges without reason only worsens that perception,” said a letter written by Justice Mansoor to the Secretary JCP and sent its copy to all Commission’s members.

In his June 16, 2025 letter, three days before the JCP meeting, the senior puisne judge expressed his inability to attend the meeting saying, “I will not be available in Pakistan.” He expected that keeping with past practice, the meeting would be deferred due to non-availability of one of its members.

At the same time complained; “It appears that the meeting in continuing as scheduled – perhaps due to the judiciary’s minority position in the Commission.”

The JCP on June 19 extended the term of the Constitutional Benches of the Supreme Court till 30th November, and the Sindh High Court for six months w.e.f. 23rd July 2025. The JCP chairperson constituted a broad-based committee for the Judicial Performance Evaluation of Judges of all High Courts, comprising members from the Judiciary, Parliament, Executive, and the legal fraternity, to prepare draft rules for the Annual Judicial Performance Evaluation of High Court Judges.

The strength of the judiciary rests on its credibility, its internal coherence, and its fidelity to constitutional principle – not on expediency or executive preference.

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If the Commission is to retain its institutional legitimacy, it must lead with integrity, transparency, and collective wisdom.

It had asked the Commission that all the judges of the Supreme Court must be nominated to the constitutional bench in the interim.

Any selective inclusion without a transparent process or identifiable criteria is patently discriminatory and damaging to the institutional harmony.

Justice Mansoor December 6, 2024 had also written a letter to the Chief Justice of Pakistan Yahya Afridi, who is also the Chairman of the Commission, to postpone the JCP meeting until the fate of 26th Constitutional Amendment is decided by the Full Court of the Supreme Court.

In his latest letter, the senior puisne judge, reiterated the same stance that the JCP should wait on extending the term of judges on the constitutional bench till the constitutionality of the 26th Constitutional Amendment was decided by the SC.

“Proceeding with extensions or re-appointments to a constitutional bench whose very legal foundations is under serious constitutional challenge further deepens the institutional crisis and weakens the court’s legitimacy,” he stated.

Justice Mansoor emphasised that the JCP must realise that continued delay in this matter was “visibly eroding the credibility of the court and shaking public confidence in its neutrality”.

Copyright Business Recorder, 2025