Justice Shah Opposes Intelligence Role in Judges Appointments
Justice Shah in his letter to the Secretary Judicial Commission has opposed getting a report from the intelligence agency on judges’ appointments. “The role of the intelligence agency in the appointment of judges can be misused,” Justice Mansoor Ali Shah writes.
“Already the executive enjoying majority in the judicial commission. I have already clarified my position about the 26th Amendment,” Justice Shah said.
He suggested the constitution of the full court to review the 26th Amendment. There must be a mechanism for the appointment of judges for the constitutional bench, a senior Supreme Court judge said.
“A judge has made how many decisions of interpretation of the constitution, can be one of the parameters for posting in the constitutional bench,” he suggested.
He also proposed a mechanism to decide the number of judges on the constitutional bench.
Justice Shah has written that the Commission has constituted constitutional benches in the Supreme Court and the Sindh High Court without setting parameters. “My opinion has been conditioned with deciding the constitutional position of the amendment and the commission,” Justice Shah said.
“A judge takes the oath of protection and defense of the constitution. The rules of judges’ appointment must reflect it,” the letter read.
It is to be mentioned here that the Judicial Commission meets today with an agenda of extension in the term of the constitutional bench. The constitutional bench’s term will expire on January 04 of the next year.
Chairman of the Judicial Commission of Pakistan (JCP) rules-making committee Justice Jamal Mandokhail, responding to the previous letter of Justice Mansoor Ali Shah, said that the Judicial Commission was reconstituted after the 26th Constitutional Amendment.
He stated that the commission authorized the Chief Justice to form a committee for framing rules. Consequently, a committee was formed under Justice Mandokhail’s chairmanship to draft the rules.
Justice Mandokhail informed Justice Shah that the committee has already held deliberations. He also stated that the suggestions proposed by Justice Shah have already been incorporated into the draft.
Furthermore, Justice Mandokhail mentioned that he had shared the proposed draft with Justice Shah before receiving his letter.
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