Justice Mansoor opposes spy agency’s role in judges appointments

ISLAMABAD: Justice Mansoor Ali Shah emphasizing the need for clear rules on appointing judges to constitutional benches has opposed involving intelligence agencies in the judicial appointment process.

In a letter written to the Secretary of the Judicial Commission prior to the meeting of the Judicial Commission of Pakistan (JCP) scheduled to be held  today (Saturday), Justice Mansoor Ali Shah raised key concerns regarding the appointment process for constitutional benches.

The JCP will be chaired by Chief Justice of Pakistan Yahya Afridi, to discuss proposed amendments to the commission’s rules.

In the letter, Justice Shah stressed the importance of defining the criteria for determining the number of judges in such benches and the standards for their inclusion.

He suggested that one possible measure could be evaluating a judge’s record on decisions related to constitutional interpretation. The letter highlighted that the commission has previously constituted constitutional benches in the Supreme Court and Sindh High Court without establishing proper criteria.

Justice Shah also addressed broader concerns about the rules for judicial appointments. He cautioned against granting intelligence agencies a role in the process, warning of potential misuse. He pointed out that the Judicial Commission already includes a majority representation from the executive branch.

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Regarding the 26th Constitutional Amendment, Justice Shah clarified his position, stating that a full court should first examine the amendment thoroughly. He noted that his views on the rules depend on the constitutional status of the amendment and the commission being determined.

Justice Shah concluded by reaffirming that judges take an oath to protect and uphold the Constitution, and the rules for their appointment should reflect this commitment.