Justice Mansoor opposes intelligence agencies’ role in judges’ appointments

Supreme Court’s senior-most judge Justice Mansoor Ali Shah has opposed intelligence agencies’ role in appointment of judges and said there should be a mechanism in the rules for the appointment of judges on Constitutional Bench, reported 24NewsHD TV channel.

In a letter written to Secretary Judicial Commission of Pakistan hours before the JCP meeting on Saturday, Justice Mansoor Ali Shah expressed his reservations over the involvement of intelligence agencies in the process of judicial appointments, opposing obtaining clearance reports from the agencies.

The apex court judge maintained that a defined mechanism for appointing judges to Constitutional Bench must be added to the Judicial Commission rules while highlighting that the formation of constitutional benches in the Supreme Court and the Sindh High Court lacked clearly defined criteria.

Justice Mansoor said "The majority in the Judicial Commission already comprises members from the Executive. Allowing intelligence agencies to influence judicial appointments could compromise the independence of the judiciary," he observed.

The SC judge further proposed that criteria for selecting judges for constitutional benches should include their track record of authoring judgments involving constitutional interpretation. "It is imperative to determine the competency of judges based on measurable standards," he added.

Referring to the 26th Constitutional Amendment, Justice Mansoor again called for the amendment's review by a full court. "A comprehensive review of the amendment is essential before making further decisions on judicial matters," the judge remarked.

He said “My opinion on the JC rules is linked to first determining the constitutional status of the 26th Amendment and the Judicial Commission.”

He further said “A judge takes oath to protect and defend the Constitution. There should be a mechanism in the rules for the appointment of judges on Constitutional Bench. There should also be a mechanism about the number of judges on the Constitutional Bench.”

JCP meeting today

The Judicial Commission of Pakistan (JCP) is set to hold key meeting on Saturday (today) under the chair of Chief Justice of Pakistan Justice Yahya Afridi to review draft seeking amendments in Judicial Commission rules. 

The Judicial Commission of Pakistan will also review extension in Constitutional Bench’s term which is going to expire on January 4, 2025. 

Constitutional Bench was constituted by Judicial Commission for two months from November 5, 2024 to January 4, 2025. 

The Judicial Commission of Pakistan comprises 13 members including Chief Justice of Pakistan as chairman of the Judicial Commission with three senior-most justices of the Supreme Court as members, while other members include Federal Law Minister, Attorney General, two members from the National Assembly, two members from the Senate nominated by Opposition. Pakistan Bar Council’s member and a woman or non-Muslim member nominated by Speaker of the National Assembly as a member of the Judicial Commission. 

Reporter Amanat Gishkori