Pakistan’s senior-most Supreme Court judge, Justice Mansoor Ali Shah, has raised objections to the extension of the constitutional bench’s tenure, warning that such a move without resolving the 26th constitutional amendment case could harm the judiciary’s integrity.
In a letter dated June 16, addressed to the Secretary of the Judicial Commission and later circulated among commission members, Justice Shah expressed concerns over the decision’s timing. He cautioned that hastiness could damage the judiciary’s institutional credibility and public trust.
Justice Shah noted that he would not be present for the June 19 Judicial Commission meeting and had informed the authorities in advance. He requested that his absence and written stance be officially recorded in the meeting minutes.
The judge warned that expanding the constitutional bench without resolving the underlying constitutional issues could cast doubts on the judiciary’s impartiality. “The legitimacy of the judiciary is directly tied to public trust, and any perception of bias can harm the institution,” he wrote.
Justice Shah also expressed concern over increasing executive influence on the Judicial Commission, stating it posed a threat to judicial independence.
As a way forward, he proposed that all Supreme Court judges be designated as part of the constitutional bench until the 26th amendment case is resolved. He also recommended that clear and transparent criteria be established for bench appointments to avoid ambiguity and political speculation.
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