Four judges of the Supreme Court wrote to the chief judge of Pakistan Yahya Afridi urging a delay in the appointment of new judges, said Express News.
The letter, addressed to the president of the judicial commission, stressed the importance of forming a full court to resolve the question of judicial appointments and the case in progress constitutional amendment.
He spoke concerned about the potential complications resulting from future judicial appointments and their impact on the current constitutional amendment case.
The judges who signed the letter include judge Mansoor Ali Shah, judge Muneeb Akhtar, judge Ayesha Malik and judge Athar Minallah.
The judges stressed that the constitutional bench hearing the affair of the 26th amendment should ideally be extended to a full court. They warned that if new judges are appointed, this can lead to a dispute on the composition of the complete court.
They also refer to a recent case where three judges were transferred to the High Court of Islamabad, requiring their oath report, in accordance with the Constitution.
In their letter, the judges underlined 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 stressed that the case had already been delayed and urged that before the next hearing of the case, any hasty appointment should be avoided. The judges also expressed their concern that any appointment made at this stage could undermine public confidence in the legal process.
They also raised the critical question of how the full court would be formed if his full court request was granted. They also wondered if the newly appointed judges would be included in the full court, and if not, if the bench would always be considered a real complete court.
The letter also stressed that if the current constitutional bench continues to hear the case, public confidence in the judicial process could already be compromised, with concerns concerning the “capage of the court” emerging in the perception of the public.
