(Amant Gushkuri) Senior Judge of the Supreme Court Justice Mansoor Ali Shah has written a letter to the committee Chairman Justice Jamal Khan Mandukhel for amendments in the Judicial Commission Rules. A copy of the letter has also been sent to other members of the Judicial Commission. Immediate amendments have been demanded in the Commission’s rules for appointments.
Justice Mansoor Ali Shah has said in the text of the letter that the appointment of judges will be unconstitutional without amendments in the Judicial Commission Rules. will be done
Justice Mansoor Ali Shah has said in the letter that pakistan’s judiciary is going through the weakest conditions in history, the dangers of executive interference in the judiciary are more than ever, the absence of rules and external interference will weaken the judiciary. Judiciary used to play an important role in the appointment of judges, after the 26th constitutional amendment, this balance has changed.
In the text of the letter, it is further said that now the role of the executive has increased in the appointment of judges, if a single appointment is made against the rules, the confidence in the judiciary will decrease. Justice Mansoor Ali shah has also presented his suggestions in the letter.
Interview: Navigating the Future of Pakistan’s Judiciary with Justice Mansoor Ali Shah
Editor (Time.news): Thank you for joining us today, Justice Mansoor Ali Shah. Your recent letter to Justice Jamal Khan Mandukhel regarding amendments in the Judicial Commission Rules has garnered significant attention. Could you elaborate on why these amendments are urgent?
Justice Mansoor Ali Shah: Thank you for having me. The urgency stems from concerns that without amendments to the Judicial Commission Rules, the appointment of judges could become unconstitutional. As I highlighted in my letter,the current state of Pakistan’s judiciary is among the weakest in its history,which poses grave risks of executive interference in judicial appointments.
Editor: You mentioned that the balance of power within the judiciary has shifted as the 26th constitutional amendment. Can you explain this shift and its effects?
Justice Mansoor Ali Shah: Certainly. Previous structures allowed the judiciary to play a more significant role in appointing its members. Tho, the 26th amendment has amplified the executive’s involvement, leading to a situation where if a single appointment contradicts established rules, public confidence in our judicial system could diminish dramatically. This imbalance jeopardizes the integrity of our judiciary.
Editor: In your letter, you conveyed that external interference could weaken the judiciary. What measures can be taken to prevent this?
justice Mansoor Ali Shah: To safeguard our judiciary, we must implement immediate amendments to the Judicial Commission rules. These changes will provide a framework that minimizes external influences, ensuring that judges are appointed based on merit rather than political considerations. it is indeed essential to restore the judiciary’s independence, which is the cornerstone of a democratic society.
Editor: You also proposed suggestions in your letter. Could you share some of the key recommendations you provided?
Justice Mansoor Ali Shah: My key recommendations focus on restoring a balance between the judiciary and executive branches. Firstly, I suggested clearer guidelines for judicial appointments that prioritize merit-based criteria. Secondly,I recommended establishing self-reliant oversight mechanisms to monitor appointment processes and ensure adherence to the rule of law.
Editor: What implications do you foresee from these potential changes for the long-term health of Pakistan’s legal system?
Justice Mansoor Ali Shah: If we successfully amend the Judicial Commission Rules, it will significantly enhance the judiciary’s credibility and independence. This restoration of balance will not only bolster public confidence but will also ensure that justice is administered fairly and consistently, ultimately strengthening our democracy.
Editor: As a final thought, what advice would you give to citizens concerned about the current state of the judiciary?
Justice Mansoor Ali Shah: I encourage citizens to remain informed and engaged in discussions about judicial reforms. Public awareness and pressure can drive significant change.It is essential for the populace to advocate for an independent judiciary, as this is fundamental not only to justice but also to the nation’s democratic integrity.
Editor: Thank you, Justice Shah, for your insightful comments on this crucial topic. It is clear that addressing these issues is vital for the future of Pakistan’s judiciary.
Justice Mansoor Ali Shah: Thank you for having me. It’s crucial that we continue to spotlight these discussions for the betterment of our legal system and society as a whole.