Islamabad:
The senior judge of Puisne of the Judge of the Supreme Court, Syed Mansoor Ali Shah, has warned that the extension of the Constitutional Bank (CB) without resolving the central legal challenge that surrounds it could further undermine the legitimacy of the Superior Court and deepen the ongoing institutional crisis.
“The Commission must wait until the constitutionality of the 26th Constitutional amendment is decided by this Court before addressing the issues that flow directly from it. Procedure with extensions or re -relatives to a constitutional bank whose legal foundation is in a serious constitutional challenge further deepens the institutional crisis and weakens the legitimate commission of the court,” Shah wrote in a two -page letter addressed to the secretary of Pakistan’s secretary of Pakistan. Pakistan Pakistan of Pakistan Pakistan’s Pakistan’s Pakistan of PAC’s Pakistan of PAC. (JCP).
A copy of the letter was also shared with all JCP members. However, the commission, by majority vote, ignored Judge Shah’s concerns and extended the possession of the Constitutional Bank until November 30.
Judge Shah said that his office had verbally informed Secretary JCP on June 12 that he would not be available in Pakistan to attend the meeting scheduled for June 19.
“One would have reasonably expected that due to the lack of availability of one of its members, the meeting would differ, particularly according to the past practice, where the meetings have deferred due to the lack of availability of members representing the Executive. In addition, the meeting falls on the summer vacations announced by the court.
However, it seems that the meeting continues as scheduled, perhaps due to the minority position of the Judiciary in the Commission, “said the letter.
Judge Shah also requested that his written presentations be included in the official minutes of the JCP meeting, since he could not attend, even practically.
He stressed that the commission must recognize how the delay continues to resolve the constitutionality of the 26th amendment is eroding the credibility of the court and shaking the public’s confidence in its impartiality.
“It is surprising and unfortunate that, instead of first addressing the legitimacy of the 26th amendment, the Commission prioritizes in a quite insensitive way the issue of judicial extensions, an act that, in substance, continues the scheme in dispute introduced by that same amendment,” says the letter.
Judge Shah also warned against the increasing influence of the Executive on the Commission.
“It is imperative that the image of the court cannot derive under the control or convenience of the Executive, which now seems to exert disproportionate influence on the affairs of the JCP.”
Waiting for the adjudication of constitutional challenges, he proposed that all the judges of the Supreme Court be nominated for the Constitutional Bank on an interim form.
“Any selective inclusion without a transparent process or identifiable criteria is obviously discriminatory and detrimental to institutional harmony.”
Judge Shah emphasized the urgent need to develop formal criteria for the selection of judges to the Constitutional Bank before any additional constitution or expansion takes place.
“The absence of objective standards means that past nominations are vulnerable to the position of cherry selection. This ad-hocism has already thrown a long shadow on the legitimacy of the Constitutional Bank, and the continuous exclusion of the superior judges without reason only worsens that perception.”
Addressing another article on the agenda of the JCP meeting, related to the framework of the rules under article 175a (20) of the Constitution, Judge Shah said that a policy decision should not be made until the constitutionality of the 26th amendment is resolved, since it is currently being challenged in a series of requests.
Finally, he urged his concerns to take seriously.
“The strength of the Judiciary is based on its credibility, its internal coherence and its faithfulness to the constitutional principle, not on executive convenience or preference. If the commission must preserve its institutional legitimacy, it must lead with integrity, transparency and collective wisdom.”
