Islamabad: Four judges of the Supreme Court have written a letter to Chief Justice of Pakistan Yahya Afridi, calling for delay in the appointment of eight new judges until the decision on the challenges of the 26th Constitutional Amendment.
In this letter, which is addressed to the Chairman Judicial Commission of Pakistan, emphasizes the importance of setting up a complete court to resolve the issue of judicial appointments and the ongoing constitutional amendment case.
In this letter, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik, and Justice Uttar Minala were signed, expressed concern over the potential complications created by the upcoming judicial appointments and their impact on the ongoing constitutional amendment issue.
The judges highlighted that the constitutional bench of the 26th Amendment case hearing should be ideally extended to a complete court. He warned that if new judges were appointed, it could create dispute over the formation of a complete court.
He also cited a recent example where according to the constitution, three judges were transferred to the Islamabad High Court, and according to the constitution, their oath needs to be taken again.
The judge, in the letter, emphasized the need for immediate attention to the constitutional amendment issue, which shows that it should be heard by a complete court to ensure transparency and neutrality.
He pointed out that the matter had already been delayed, and he emphasized that any appointments should be avoided before the next hearing of the case. The judges also expressed concern that any appointments made at this stage could damage the public’s confidence in the judicial process.
He further raised the critical question as to how the full court would be constituted if his application for the full court was approved. He also raised the question whether the newly appointed judges would be included in the full court, and if not, would the bench still be eligible as a real complete court.
The letter also pointed out that if the current constitutional bench listens to this case, the judicial process can be compromised before public confidence, which raises concerns about “packing from court” in public affairs. –
