Four judges of the Supreme Court have urged Chief Justice of Pakistan (CJP) Yahya Afridi to delay the appointment of new judges, according to Express News.
In a letter addressed to the chairman of the Judicial Commission, the judges emphasized the need to convene a full court to deliberate on the judicial appointments and the ongoing constitutional amendment case. They expressed concerns that proceeding with new judicial appointments at this stage could create complications, particularly in relation to the constitutional amendment case currently under review.
The letter was signed by Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik, and Justice Athar Minallah.
The judges proposed that the constitutional bench handling the 26th Amendment case should be expanded into a full court. They cautioned that any new judicial appointments could lead to disputes regarding the legitimacy of the full court’s composition.
Additionally, they cited a recent case where three judges were transferred to the Islamabad High Court, requiring them to retake their oath in compliance with constitutional provisions.
In their communication, the judges stressed the urgency of addressing the constitutional amendment case, advocating for a full court hearing to uphold transparency and impartiality. They noted that the case had already faced delays and advised against any rushed judicial appointments before the next hearing. Their concern was that such appointments might erode public trust in the judicial system.
Furthermore, they raised a crucial question regarding the composition of the full court if their request was accepted. They inquired whether the newly appointed judges would be included in the full court and, if not, whether the bench could still be considered a true full court.
The letter also highlighted the potential for public skepticism about the judiciary’s credibility if the current constitutional bench continued handling the case without expansion. The judges warned that such a move might reinforce perceptions of “court-packing,” thereby affecting confidence in the judicial process.
