Justice Shah Alarms on Judiciary's Vulnerable State and Executive Overreach

Justice Syed Mansoor Ali Shah warns of a critical phase in Pakistan's judiciary due to executive overreach and lack of rules for judge appointments. Highlighting the impact of the 26th Amendment, he stresses the urgency of finalizing regulations to safeguard judicial independence and public confidence.

Senior Puisne Judge of Pakistan, Justice Syed Mansoor Ali Shah, expressed grave concerns about the judiciary's dire situation, citing the threat posed by executive overreach. In a five-page letter to Justice Jamal Khan Mandokhail, chairman of the Judicial Commission of Pakistan's rules-making committee, Justice Shah criticized the absence of explicit rules for appointing judges to constitutional courts, reported Express Tribune.

Justice Shah, in his letter dated December 12, highlighted the historical significance of the judiciary's role in judge appointments. However, he argued that the 26th Constitutional Amendment has disrupted this balance, granting the executive a majority in the Judicial Commission of Pakistan. Such changes, he cautioned, pose risks of political appointments, potentially filling courts with judges lacking commitment to the rule of law.

Emphasizing the jeopardy to judicial independence and democracy, Justice Shah pointed out that Clause (4) of Article 175A of the Constitution mandates the commission to establish specific procedural rules. He warned that appointing judges without these rules opens avenues for partisan influences, compromising constitutional integrity.

Justice Shah insisted that no appointments should proceed until these rules are solidified and approved by the Judicial Commission of Pakistan. This, he stressed, is crucial to safeguarding judicial independence and public trust. Any haste by the JCP, he cautioned, might weaken the judiciary's foundation for years.

This cautioning follows Chief Justice of Pakistan Yahya Afridi's move to establish a five-member committee to draft rules for judicial appointments. Last week, JCP meetings, chaired by Chief Justice Afridi, addressed creating this committee, nominating an eighth judge to the Supreme Court's constitutional bench, and appointing additional judges to high courts in Sindh and Peshawar.

(With inputs from agencies.)