ISLAMABAD: Justice Mansoor Ali Shah has expressed his opposition to the involvement of intelligence agencies in the process of appointing judges, warning of the potential misuse of such a practice.
In a letter addressed to the secretary of the Judicial Commission of Pakistan (JCP), Justice Shah cautioned that allowing civil intelligence agencies to play a role in judicial appointments could lead to misuse, particularly given the Executive’s dominant position within the Commission. He emphasized that the influence of intelligence agencies should be avoided in this process.
The senior puisne judge further suggested that judicial members of the Commission should rely on their personal knowledge gathered from their judicial peers and other sources rather than seeking input from intelligence agencies. He also recommended that the Commission establish a clear, structured mechanism for selecting judges for constitutional benches. This process should include evaluating candidates based on the number of constitutional interpretation judgments they have authored.
Justice Shah criticized the JCP’s past practice of forming constitutional benches without predefined criteria, pointing out the lack of a structured approach in making such important appointments. He stressed that the inclusion of judges in constitutional benches should be based on measurable and fair standards.
The JCP is set to meet today to review proposed rules for judicial appointments, and Justice Shah has submitted general recommendations to refine these rules to enhance judicial independence and accountability.
This marks the second time Justice Shah has raised concerns about the 26th Constitutional Amendment, which led to the restructuring of the JCP. In a previous letter to Justice Jamal Khan Mandokhail, the chair of a subordinate JCP body tasked with drafting the rules for judicial appointments, Justice Shah warned of the “grave risks” associated with the “unprecedented shift” in the composition of the JCP. He highlighted the potential for political appointments and the possibility of filling courts with judges who lack a strong commitment to the rule of law.
Before sending his letter to Justice Mandokhail, Justice Shah had also written to the Chief Justice, requesting the postponement of the JCP meeting due to ongoing petitions challenging the 26th Constitutional Amendment, which were still pending before the Supreme Court. However, Chief Justice Yahya Afridi made it clear that the JCP was not in a position to discuss the amendment.
