Justice Mandokhail responds to concerns raised by Justice Mansoor

ISLAMABAD: Justice Jamal Khan Mandokhail, head of the Judicial Commission of Pakistan’s rule-making committee, has responded to concerns raised by Justice Mansoor Ali Shah regarding the 26th Constitutional Amendment and its impact on judicial appointments.

In his letter to Justice Mandokhail, Justice Mansoor expressed concerns that the 26th Amendment has disrupted the balance between the judiciary and the executive in appointing judges.

In his response on Saturday, Justice Mandokhail acknowledged receiving Justice Mansoor’s letter dated December 12 and addressed key points on judicial commission reforms and the proposed rules.

“It is well known that following the 26th Amendment, the Judicial Commission was reconstituted,” Justice Mandokhail wrote.

He emphasized that the commission had granted the Chief Justice the authority to form a rules committee, which is currently tasked with drafting procedures for judicial appointments.

“The committee, under my chairmanship, has already convened two meetings, and many of your suggestions were incorporated into the draft shared with you prior to your letter,” he said.

Justice Mandokhail welcomed Justice Mansoor’s feedback but advised patience regarding the nomination of judges. “It has come to my attention that you have proposed names for appointments in three high courts. My advice would be to suggest names only after the rules have been approved by the commission,” he added.

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He refrained from commenting on Justice Mansoor’s concerns regarding the 26th Amendment, citing pending petitions before the Supreme Court.

“The mandate of this committee is solely to prepare a draft of rules governing judicial appointments,” Justice Mandokhail clarified, underscoring the commitment to ensuring a transparent process. “Our aim is to achieve a judiciary that remains independent, impartial, and composed of qualified and honest judges.”

On December 5, Justice Mansoor sought the formation of a full court to take up identical petitions challenging the 26th Constitutional Amendment, passed by parliament earlier in October. He also proposed postponing the JCP’s meeting until the pleas challenging the 26th Amendment were adjudicated.

However, a day later, Chief Justice Yahya Afridi denied his proposal, stating that the constitutional committee was authorized to constitute a full court bench to take up the petitions filed against the 26th Constitutional Amendment and that it was beyond the scope of the commission.