Four Pak SC judges urge chief justice to delay new appointments, call for full court on amendments

Islamabad: Four Supreme Court judges of Pakistan wrote a letter to Chief Justice Yahya Afridi, urging a delay in the appointment of new judges until a decision on the controversial 26th Constitution Amendment.

The controversial amendment was passed last year to give the government more say in the appointment of the Chief Justice and judges of higher courts.

However, the appointment following the tweaks led to the allegation of ‘packing’ of the high courts and the Supreme Court.

The amendment was challenged in the apex court but no decision on its fate has been made so far.

The judges who signed the letter include Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik, and Justice Athar Minallah.

According to The Express Tribune, it was addressed to the chairman of the Judicial Commission, a body of senior judges under the chief justice, stressing the importance of forming a full court to address the issue of judicial appointments and the ongoing constitutional amendment case.

It expressed concern over the potential complications arising from the upcoming judicial appointments and their impact on the ongoing constitutional amendment case.

The judges stressed that the constitutional bench hearing the 26th Amendment case should ideally be expanded into a full court. They cautioned that if new judges are appointed, it may lead to a dispute over the composition of the full court.

They also referred to a recent instance where three judges were transferred to the Islamabad High Court, necessitating their re-taking of the oath, in accordance with the Constitution.

In their letter, the judges emphasised the need for immediate attention to the constitutional amendment case, suggesting that it should be heard by a full court to ensure transparency and impartiality.

They pointed out that the case had already been delayed, and urged that before the next hearing of the case, any hasty appointments should be avoided. The judges also expressed concern that any appointments made at this stage could undermine public confidence in the judicial process.

The letter also pointed out that if the current constitutional bench continues to hear the case, public trust in the judicial process might already be compromised, with concerns over "court-packing" emerging in the public's perception.

The transfer of three judges to the Islamabad High Court has already created a huge controversy, as one of the judges, transferred from the Lahore High Court, who was at 15th position on the seniority list of judges has become second most senior after the chief justice and first to be considered as the new chief justice.

Those affected by this transfer have asked the Supreme Court to intervene but so far no action has been taken to correct to situation.