Four Judges of the Supreme Court have written to the president of the Supreme Court of Pakistan Yahya Afridi urging a delay in the appointment of new judges, said Express News.
The letter, addressed to the president of the Judicial Commission, emphasized the importance of forming a complete court to address the issue of judicial appointments and the case of constitutional amendment in progress.
He expressed concern about the possible complications derived from the next judicial appointments and their impact in the case of constitutional amendment in progress.
The judges who signed the letter include Judge Mansoor Ali Shah, Judge Muneeb Akhtar, Judge Ayesha Malik and Judge Athar Minallah.
The judges stressed that the Constitutional Bank hearing, the case of the 26th amendment, should be extended ideally to a complete court. They warned that if new judges are appointed, it can lead to a dispute over the composition of the complete court.
They also referred to a recent instance in which three judges were transferred to the Superior Court of Islamabad, which required their reaction from the oath, according to the Constitution.
In their letter, the judges emphasized the need for immediate attention to the case of constitutional amendment, which suggests that a complete court must hear it guarantee transparency and impartiality.
They pointed out that the case had already been delayed, and urged that before the next hearing of the case, any hurried appointment should be avoided. The judges also expressed concern that any appointment made at this stage could undermine public confidence in the judicial process.
They also raised the critical issue of how the full court would be constituted if their request for a complete court is granted. They also questioned whether the newly appointed judges would be included in the complete court and, if not, if the bank would still qualify as a true full court.
The letter also noted that if the current Constitutional Bank continues to listen to the case, the public trust in the judicial process could already be compromised, with concerns about the “court packaging” that arise in the public’s perception.
