- Committee’s role is to recommend rules to JCP, which holds authority to approve or reject: Justice Jamal
- Reaffirms judiciary’s constitutional independence, emphasising judges must be both competent and honest
ISLAMABAD: Chairman Judicial Commission of Pakistan (JCP) rule-making committee Justice Jamal Khan Mandokhail on Saturday responded to the letter from Senior Puisne Judge Justice Mansoor Ali Shah, clarifying that the recommendations you suggested have already been included in the draft.
“Most of the suggestions tabled by the Supreme Court’s senior puisne judge have already been incorporated in the draft rules which he had also personally shared with him prior to his letter,” Justice Mandokhail wrote in the reply to Justice Shah’s letter in which he noted that the 26th Constitutional Amendment “fundamentally disturbed the vital balance in the appointments process of the judges in Pakistan”.
Justice Shah, in his letter two days ago, noted that the “unprecedented shift” in the composition of the JCP poses grave risks, including the potential for “political appointments and the packing of courts with judges lacking an ideological commitment to the rule of law”.
He reiterated that the committee’s role is to recommend rules to the Judicial Commission, which holds the authority to approve or reject them,
In his reply, Justice Jamal acknowledged receipt of the letter, stating, “I have received your letter dated December 12 . As you are aware, following the 26th amendment, the Judicial Commission was reconstituted.”
He explained that the commission had granted the Chief Justice the authority to form a committee to draft the rules, with him appointed as the head.
Two meetings of the committee have already been held, and Justice Jamal confirmed that many of Justice Mansoor’s recommendations had already been incorporated into the draft.
“The recommendations you suggested have already been included in the draft,” Justice Jamal wrote, adding, “In fact, I had shared this draft with you before your letter was sent.”
Justice Jamal further emphasised that, according to the constitution, the Judicial Commission is empowered to finalise the rules. He referenced the December 6 meeting, where Chief Justice Yahya Afridi had given his consent for the formation of the committee and entrusted Justice Jamal with drafting the rules.
“It is important to note that many of your suggestions were already incorporated into the draft before your letter arrived,” he stated.
Addressing Justice Mansoor’s proposal for appointing judges to the Lahore High Court, Justice Jamal advised waiting until the Judicial Commission approves the rules before suggesting additional names.
“Nonetheless, I welcome your suggestions and appreciate your input,” he wrote.
Justice Jamal also reaffirmed the judiciary’s constitutional independence, emphasising that judges must be both competent and honest.
He noted that the next committee meeting would take place on December 16 , where Justice Mansoor’s suggestions would be carefully considered.
Concluding the letter, Justice Jamal underscored that the judiciary belongs to the citizens of Pakistan and called on all members of the Judicial Commission to contribute their proposals for the rules.
He reiterated that the commission has the authority to approve, amend, or reject the rules and welcomed further suggestions. “I hope the concerns raised in your letter have been addressed,” he concluded.
In a letter dated December 12 , Justice Syed Mansoor Ali Shah raised serious concerns over the absence of formalised rules for judicial appointments to constitutional courts, warning of increased risks of executive overreach. He described the current phase as the weakest in the country’s judicial history.
In a detailed five-page letter to Justice Jamal Khan Mandokhail, Justice Shah highlighted the historical primacy of the judiciary in the appointment of judges in Pakistan.
However, he pointed out that this vital balance has been significantly disrupted by the 26th Constitutional Amendment, which grants the executive a majority in the Judicial Commission of Pakistan (JCP).
Justice Shah further warned that the unprecedented shift in the composition of the JCP carries significant risks, including the potential for political appointments and the filling of courts with judges who lack commitment to the rule of law.
He cautioned that this development threatens not only the independence of the judiciary but also the rule of law and the democratic fabric of the country.
“The absence of robust rules and criteria will enable external influences to undermine the judiciary, facilitating appointments that serve partisan interests rather than uphold constitutional values,” Justice Shah warned.
He emphasised the critical importance of finalising and adopting these rules by the JCP before any judicial appointments are made to constitutional courts. He cautioned that rushing this process could have long-lasting consequences, weakening the judiciary for years to come.
The letter follows Chief Justice of Pakistan Yahya Afridi’s decision to form a five-member committee tasked with drafting rules to regulate the procedures and criteria for judicial appointments.
