ISLAMABAD: Supreme Court senior judge Justice Mansoor Ali Shah has penned a critical letter to the Secretary of the Judicial Commission of Pakistan (JCP), voicing serious concerns over how judicial seniority is being determined.
According to sources, the letter was sent just a day before the commission’s recent meeting.
In the letter, Justice Shah highlighted that no consultation had taken place with the Chief Justice or other relevant stakeholders regarding the sensitive issue of seniority among judges — a lapse he termed a clear violation of constitutional procedure.
Citing Article 200 of the Constitution, Justice Shah emphasized that the President is constitutionally obligated to consult the Chief Justice in such matters. He criticized the process as being carried out unilaterally and in undue haste, sidestepping the mandatory consultation framework.
Justice Shah also noted that the issue of judicial seniority is currently under review in an intra-court appeal, further underscoring the inappropriateness of making any unilateral decisions while the matter is sub judice.
He urged that due process and formal consultation are essential in matters of such importance and must not be ignored. The letter was issued amid the JCP’s approval of new chief justices for the Balochistan, Sindh, Peshawar, and Islamabad high courts.
