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Justice Mansoor Ali Shah Advocates for Clear Mechanism in Judicial Appointments
Justice Mansoor Ali Shah urges a structured mechanism for appointing judges to the constitutional bench, ahead of the Judicial Commission meeting.
ND
by News Desk
2024-12-21
Justice Mansoor Ali Shah Advocates for Clear Mechanism in Judicial Appointments

As the Judicial Commission of Pakistan prepares for a crucial meeting under the chairmanship of Chief Justice Yahya Afridi, a letter from Justice Mansoor Ali Shah has raised important concerns regarding the appointment of judges to the constitutional bench. The letter, addressed to the Secretary of the Judicial Commission, calls for the inclusion of a comprehensive mechanism to guide the process.

In his letter, Justice Mansoor Ali Shah emphasized the need for rules that establish clear criteria for the appointment of judges to the constitutional bench, including the number of judges to be included and the process by which judges are selected. He suggested that one potential measure for inclusion could be the number of decisions a judge has made involving constitutional interpretation.

Justice Shah pointed out that while the Judicial Commission has previously formed constitutional benches in the Supreme Court and Sindh High Court, there has been a lack of standardization in the process. This, he argues, could lead to inconsistencies and undermine the integrity of constitutional decisions.

In a significant part of the letter, Justice Shah also raised concerns about the role of intelligence agencies in the judicial appointment process. He firmly opposed the inclusion of intelligence agency reports in the selection of judges, warning that such involvement could be misused. He noted that the majority of the Judicial Commission’s members already represent the executive, which, in his view, could lead to potential conflicts of interest.

Justice Shah reiterated that judges take an oath to protect and defend the constitution, and the rules for judicial appointments must reflect this solemn commitment. The call for an impartial and transparent system for appointing judges underscores the ongoing debate around judicial reforms in Pakistan.

Today's meeting of the Judicial Commission will focus on reviewing the proposed rules for appointing judges, with Justice Mansoor Ali Shah’s letter adding weight to the discussion on reforming the judicial appointment process. The outcome of this meeting could have significant implications for Pakistan’s judicial independence and the future of constitutional interpretation in the country.

 
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PakistanJustice

JudicialAppointments

JudicialReforms

ConstitutionalBench
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