Justice Jamal Mandokhail says committee had already held two meetings, incorporating many of Justice Shah’s proposed recommendations into draft
ISLAMABAD: (UrduPoint/Pakistan Point News-Dec 14th, 2024) Supreme Court Justice Jamal Mandokhail on Saturday replied to Justice Mansoor Ali Shah's December 12 letter, saying that following the 26th Constitutional Amendment, the Judicial Commission was reconstituted.
In his response, Justice Mandokhail highlighted that the commission authorized the Chief Justice to form a committee for drafting rules, and a committee was subsequently formed under his leadership. He stated that the committee had already held two meetings, incorporating many of Justice Shah’s proposed recommendations into the draft. These recommendations had also been personally shared with Justice Shah prior to his letter, he said.
The letter further mentioned that Attorney General Mansoor Awan, Ali Zafar, Farooq H. Naek, and Akhtar Hussain were appointed as committee members. Justice Mandokhail assured that both prior and recent suggestions from Justice Shah would be considered and invited him to continue submitting recommendations to the Rules Committee.
Addressing concerns about the 26th Amendment, Justice Mandokhail clarified that he would not comment on the matter as it is sub judice in the Supreme Court. He emphasized that most of Justice Shah’s recommendations have already been included in the Judicial Commission Rules draft. However, he noted that the committee's mandate is limited to drafting rules for the appointment of judges.
Justice Mandokhail also acknowledged reports that Justice Shah had proposed Names for judges for three high courts.
He advised that such names should be forwarded only after the rules are approved by the Judicial Commission.
Justice Mandokhail welcomed Justice Shah’s suggestions regarding the judicial appointments and reaffirmed the constitutional mandate for an independent and impartial judiciary with qualified and honest judges. He reiterated the Rules Committee's commitment to establish the best practices for achieving these objectives.
The letter concluded by stating that Justice Shah’s recommendations would be reviewed during the committee’s December 16 meeting and encouraged further suggestions before finalizing the draft.
Justice Mansoor Ali Shah, in his letter to Justice Jamal Mandokhail, had expressed concerns about the lack of rules for judicial appointments. He argued that without transparent rules, all actions of the Judicial Commission regarding appointments would be unconstitutional.
Justice Shah also highlighted that the 26th Constitutional Amendment had granted the executive a majority in the Judicial Commission, posing a risk of political appointments in the judiciary.
He warned that without transparent rules, public trust in the judiciary would be compromised while judicial independence undermined. He stressed that judicial appointments should be based on merit and strong reasoning rather than the political considerations.