ISLAMABAD
\nThe Supreme Court\u2019s Justice Jamal Khan Mandokhel has responded in writing to a letter written to him by senior apex court judge, Justice Mansoor Ali Shah, saying the latter\u2019s suggestions regarding the rules and strict mechanism for appointing judges in the judiciary have been considered previously and his letter in this regard will also be studied.
\nJustice Mandokhel also said that Justice Shah could give his suggestions to the Rules Committee in the future also.
\nJustice Mandokhel further said in his letter that Justice Shah spoke about the 26th Constitutional Amendment also.
\n\u201cI will not respond to it because petitions against it are pending in the Supreme Court,\u201d he replied. \u201cI am also of the same opinion that the intention of the Constitution is that the judiciary should be independent and impartial.
\nThe members of the judiciary should be competent and honest, and the rules are being specifically made for this purpose. The Judicial Commission was reconstituted after the 26th Amendment.\u201d
\nJustice Mandokhel, the head of the committee responsible for making rules for judicial appointments, said the new commission gave the chief justice of Pakistan the authority to form a committee to make the rules for judges\u2019 appointment, which the CJP did under his leadership.
\n\u201cThe committee has held two meetings, and your recommendations have already been included in the draft and I have shared the proposed draft with you before writing the letter.
\nThe mandate of the committee is only to prepare a draft of the rules for the appointment of judges. It has been learnt that you suggested the names of judges for three high courts.
\nMy suggestion is to give the names of judges after the approval of the rules by the commission,\u201d the letter stated.
\nOn Friday, Justice Mansoor Ali Shah had written a letter to Justice Jamal Mandokhel, saying that after the 26th Amendment, the balance of the role of the judiciary in the appointment of judges had deteriorated.
\nAccording to Justice Shah, the judiciary once had a prominent role in appointing judges, but the 26th Amendment has shifted the balance of power, increasing the role of the executive.
\nHe warned that if any appointment were made contrary to established criteria and strict rules, it could significantly damage public confidence in the judiciary.
\nJustice Shah emphasized that the creation of transparent rules by the Judicial Commission is critical for the independence of the judiciary.
\nHe pointed out that without these rules, any proceedings or decisions made by the Judicial Commission regarding judicial appointments would be unconstitutional. Article 175(4) empowers the Judicial Commission to make rules, the letter stated.
\nThe letter further noted that the 26th Amendment has disturbed the equilibrium between the judiciary and the executive, leaving the judiciary in the minority within the Judicial Commission.
\nThe executive now holding a majority in the commission increases the risk of political appointments.<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD The Supreme Court\u2019s Justice Jamal Khan Mandokhel has responded in writing to a letter written to him by senior apex court judge, Justice Mansoor Ali Shah, saying the latter\u2019s suggestions regarding the rules and strict mechanism for appointing judges in the judiciary have been considered previously and his letter in this regard will also […]<\/p>\n","protected":false},"author":2,"featured_media":449475,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":{"0":"post-449447","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-national"},"yoast_head":"\n