LEGAL

Senior Supreme Court judge Justice Mansoor Ali Shah raised a constitutional concern during the Judicial Commission meeting on Tuesday, calling for a decision on the 26th Constitutional Amendment before proceeding with the approval of the new Chief Justice for the Peshawar High Court.
The meeting, chaired by Chief Justice of Pakistan Yahya Afridi, was convened to finalize judicial appointments. During the proceedings, the commission approved the name of Justice Atiq Shah for the position of Chief Justice of the Peshawar High Court.
However, according to sources cited by a private news channel, Justice Mansoor Ali Shah objected during the meeting and emphasized that the pending decision on the 26th Constitutional Amendment—which seeks to alter the judicial appointment process—should take precedence over any new appointments.
Justice Muneeb Akhtar reportedly supported Justice Mansoor’s stance, signaling growing judicial alignment on the need to address the proposed constitutional changes before endorsing key elevations.
In a significant development, two Pakistan Tehreek-e-Insaf (PTI) members of the Judicial Commission and the Law Minister of Khyber Pakhtunkhwa also endorsed Justice Mansoor’s viewpoint, adding political weight to the constitutional demand.
The 26th Constitutional Amendment Bill, recently tabled in the National Assembly, proposes changes to the composition and functioning of the Judicial Commission of Pakistan (JCP)—a body responsible for the appointment of superior court judges. The bill remains under parliamentary review but has sparked debate within the legal community and judiciary over its implications for judicial independence and transparency.
Despite these objections, the commission proceeded with the nomination of Justice Atiq Shah, though the internal dissent reflects a broader institutional divide regarding the timing and authority of judicial appointments amidst constitutional uncertainty.