Islamabad: Another letter from Justice Mansoor has come to light before the Judicial Commission meeting today, in which important issues have been discussed.
Justice Mansoor Ali Shah has written a letter to the Secretary Judicial Commission, stating that there should be a mechanism for appointing judges to the Constitutional Bench in the Rules. It is also necessary to make a mechanism for how many judges there should be in the Constitutional Bench.
The letter further states that a measure should be fixed for the inclusion of judges in the Constitutional Bench. How many decisions with constitutional interpretations have been written by which judge can be a measure. The Commission has formed Constitutional Benches in the Supreme Court and Sindh High Court without fixing a measure. I have made my position clear regarding the 26th Amendment.
Justice Mansoor Ali Shah said in his letter that the 26th Amendment should be reviewed by forming a full court first. My opinion on the Rules is subject to the determination of this amendment and the constitutional status of the Commission.
Apart from this, Justice Mansoor also gave an overall opinion on the rules related to the appointment of judges. He opposed taking a report from the intelligence agency in the appointment of judges and said that if the intelligence agency is given a role, it can be misused. The majority in the Judicial Commission already belongs to the executive.
According to the letter, a judge takes an oath to protect and defend the constitution. The rules for the appointment of judges should also reflect this oath.
It should be noted that the meeting of the Judicial Commission under the chairmanship of Chief Justice of Pakistan Justice Yahya Afridi will be held today.
