ISLAMABAD – Supreme Court (SC) senior judge Justice Mansoor Ali Shah’s another letter surfaced, opposing the idea of seeking reports from the intelligence agencies for the judges’ appointment process.
Justice Syed Mansoor Ali Shah wrote if the intelligence agencies are involved, it could lead to misuse.
The executive, he said, already held the majority in the Judicial Commission.
The letter said that the judges take an oath to protect and defend the constitution, and the rules for appointing judges should reflect this oath.
The letter surfaced just before the meeting of the Judicial Commission of Pakistan (JCP) on Saturday (today). Chief Justice of Pakistan Justice Yahya Afridi will chair the meeting.
Justice Mansoor wrote a letter to the Secretary of the Judicial Commission, saying that the rules should include a mechanism for the appointment of judges to the constitutional bench. It is also necessary to establish a mechanism regarding how many judges should be on the constitutional bench.
The letter further mentioned that the criteria for the inclusion of judges in the constitutional bench should be defined.
One such criterion could be the number of constitutional interpretation decisions a judge has written. The Commission has already formed constitutional benches in the Supreme Court and the Sindh High Court without establishing such criteria.
Justice Mansoor has clarified his stance on the 26th Amendment.
In his letter, Justice Mansoor Ali Shah said that a full court should first be formed to review the 26th Amendment. His opinion on the rules is conditional on the determination of the constitutional status of the amendment and the Commission.
Furthermore, Justice Mansoor provided his overall opinion on the rules related to the appointment of judges.
