- Justice Mandokhail declines to comment on the 26th Amendment.
- As per Justice Shah’s suggestions, they will be considered in the December 16 meeting.
- “The draft rules will be submitted to the JCP for final approval on December 21.”
Justice Jamal Khan Mandokhail on Saturday responded to the concerns raised by Justice Mansoor Ali Shah regarding the proceedings of the Judicial Commission of Pakistan, saying “most of the suggestions tabled by the Principal Puisne Justice of the Supreme Court have already been incorporated in the draft rules which he had also personally shared”. with him before his letter”.
Justice Mandokhail responded to Justice Shah’s letter in which he noted that the 26th Constitutional Amendment “has fundamentally disturbed the vital balance in the process of appointment of judges in Pakistan.”
Justice Shah, in his letter two days ago, noted that the “unprecedented change” in the composition of the JCP poses serious risks, including the possibility of “political appointments and filling the courts with judges without of ideological commitment to the rule of law. “.
Therefore, the SC chief judge said, it is essential that no appointments to the constitutional courts are made until these rules are finalized and adopted by the JCP. “Any rush by the JCP in this matter can seriously undermine and weaken the justice system for years to come.”
Justice Mandokhail, who chairs the JCP committee constituted by the Chief Justice of Pakistan (CJP) to prepare the draft rules of the National Judges Appointment Commission, said the commission was reconstituted after the 26th Amendment “of which you and I are the members, along with others.”
He added that the commission, vested with the power to make rules, had unanimously authorized the CJP to constitute a committee to prepare draft rules during its last meeting held on December 6.
Justice Mandokhail said he was appointed chairman of the committee formed by the Chief Justice, “with your (Justice Shah) consultations” while its members included Attorney General of Pakistan Mansoor Usman Awan, Barrister Senator Syed Ali Zafar, Senator Farooq Hamid Naek. , and Akhtar Hussain.
“The committee was directed to draft rules relating to the regulation of procedure, including the procedure and criteria for assessment, evaluation and suitability for the appointment of judges under paragraph (4) of the Article 175A of the Constitution.”
He clarified that two meetings of the committee have already taken place, which deliberated on the development of the draft regulations. During the meetings, the committee also took into account the Judicial Commission of Pakistan Rules, 2010, the SC judge wrote.
He also said that most of the suggestions highlighted by Justice Shah have already been incorporated in the draft rules, which he had personally shared with him before his response letter.
Justice Mandokhail told Justice Shah that the committee is only tasked with proposing the draft rules and submitting the same to the commission, adding: “(…) for its final approval, in its next meeting to be held on December 21 2024.”
“I have also learned that you have proposed names of candidates for their elevation to the Lahore High Court and the Islamabad High Court.”
Mandokhail suggested the SC Principal Puisne Judge to “propose these names or more, after approval of the rules by the Commission, so that appropriate elevations are made”.
Welcoming Justice Shah’s suggestions, Justice Mandokhail said, “Let me make it clear that I also strongly believe that the Constitution states that the judiciary must be independent and impartial. »
“Members of the judiciary must be competent and honest people. For this purpose, the committee constituted to prepare the draft rules undertakes to develop the best mechanism while framing these rules in order to achieve the desired objective.
He added that the committee is expected to meet again on Monday, December 16 and Justice Shah’s suggestions will definitely be taken into account.
Justice Mandokhail, however, declined to comment on Justice Shah’s concerns regarding the 26th Amendment, saying, “The matter is sub-judice in court. »
“The judiciary belongs to the citizens of Pakistan and I hope that each member of the commission will thoroughly review the draft regulations and be free to submit any suggestions before their approval.”
“The commission (JCP) is competent to approve as is, modify or reject the draft regulations,” concluded Judge Mandokhail.
Before his letter to Justice Mandokhail, Justice Shah had written a letter to the Chief Justice last week and sought postponement of the JCP meeting as many petitions challenging the 26th constitutional amendment were still pending in the apex court.
However, CJP Yahya Afridi made it clear that the committee did not have the opportunity to discuss the 26th constitutional amendment.