LEGAL
Four senior judges of the Supreme Court — Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik, and Justice Athar Minallah — have written a letter to Chief Justice of Pakistan Justice Yahya Afridi, expressing concerns over the appointment process for new judges in the Supreme Court.
The judges have requested that the Judicial Commission meeting scheduled for February 10 be postponed until critical constitutional issues are resolved.
Key Concerns Raised
The letter questions the eligibility of a Lahore High Court judge who ranked 15th on the seniority list but became eligible for the Supreme Court after being transferred to the Islamabad High Court.
“How can a judge be eligible for the Supreme Court after a constitutionally dubious transfer? The law is clear that what cannot be done directly cannot be done indirectly,” the letter emphasized.
Constitutional Issues at Stake
The judges highlighted that the appointment process should be halted until the constitutional amendment case under the 26th Constitutional Amendment is resolved. They urged waiting for the full court's decision on petitions regarding judge seniority.
Concerns were also raised about the legality of judge transfers in the Islamabad High Court without re-taking the judicial oath.
Public Perception and Integrity of the Judiciary
The letter warned that proceeding with appointments while the constitutional amendment case remains unresolved could undermine public confidence.
“There is a growing public perception of 'court packing' in the current situation. We seek clarity on whose agenda and interest is being served by this situation,” the letter stated.
Call for Full Court Hearing
The judges reiterated their demand for a full court hearing of the constitutional amendment case. They questioned how a full court would be constituted if judges benefiting from the amendment were included.