Chief Justice of Pakistan may be faced with a situation which Charles Dickens had described 165 years ago in ‘A Tale of Two Cities‘ saying “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity” as four Supreme Court judges urged Chief Justice Yahya Afridi to delay the appointments of new judges till final adjudication of the 26th Constitution Amendment.
The judges who signed the letter include Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik, and Justice Athar Minallah. The letter, addressed to the chairman of the Judicial Commission, stressed the importance of forming a full court to address the issue of judicial appointments and the ongoing constitutional amendment case.
It expressed concern over the potential complications arising from the upcoming judicial appointments and their impact on the ongoing constitutional amendment case.
The judges highlighted that the constitutional bench hearing the 26th Amendment case should ideally be expanded into a full court. They cautioned that if new judges are appointed, it may lead to a dispute over the composition of the full court.
They also referred to a recent instance where three judges were transferred to the Islamabad High Court, necessitating their re-taking of the oath, in accordance with the Constitution. In their letter, the judges emphasised the need for immediate attention to the constitutional amendment case, suggesting that it should be heard by a full court to ensure transparency and impartiality.
They pointed out that the case had already been delayed, and urged that before the next hearing of the case, any hasty appointments should be avoided. The judges also expressed concern that any appointments made at this stage could undermine public confidence in the judicial process.
They further raised the critical question of how the full court would be constituted if their request for a full court is granted. They also questioned whether the newly appointed judges would be included in the full court, and if not, whether the bench would still qualify as a true full court.
The letter also pointed out that if the current constitutional bench continues to hear the case, public trust in the judicial process might already be compromised, with concerns over “court-packing” emerging in the public’s perception.
