Supreme Court Judges Raise Concerns Over Rule-Making Process, Call It ‘Irregular’
ISLAMABAD — A group of Supreme Court judges has expressed serious concerns over the recent approval process of new rules in Pakistan’s highest court, describing it as irregular and potentially unlawful.
In a letter addressed to the court, Justices Mansoor Ali Shah, Muneeb Akhtar, Ayesha Malik, and Athar Minallah criticized the method by which the new rules were approved, noting that they were never presented before a full court session. The judges argued that attending a meeting on the matter was pointless until their primary objections were addressed.
According to the letter, the full court meeting had a single-point agenda focused on resolving difficulties arising from the new rules. The judges emphasized that rules in the Supreme Court must be formulated in accordance with the Constitution and warned that constitutional procedures cannot be bypassed through circulation. They described the process as “unnecessarily procedural and irregular.”
The judges also pointed out that the rules were approved through circulation—a procedure typically reserved for routine administrative matters—despite having already been officially notified on August 9. They requested that their letter be included in the minutes of the full court meeting and urged that the minutes be made public, warning that the new rules could face legal challenges due to flaws in their approval process.
Justice Mansoor Ali Shah Questions Judges’ Seniority
In a related development, Justice Mansoor Ali Shah recently raised concerns over the determination of judges’ seniority. In a separate letter to the Secretary of the Judicial Commission, he questioned the legality of finalizing seniority without prior consultation, particularly with the Chief Justice of Pakistan.
Citing Article 200 of the Constitution, Justice Shah argued that the President must consult the Chief Justice before making decisions regarding judges’ seniority. “The President unilaterally determined the seniority in haste,” the letter reportedly stated.
These letters underscore ongoing debates within Pakistan’s judiciary regarding adherence to constitutional procedures and the transparency of internal processes at the Supreme Court.
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