SC judges write letter to CJP over rule-making in Pakistan

ISLAMABAD: Four judges of the Supreme Court have sent another letter to the Chief Justice of Pakistan, raising concerns over the procedure for approving new rules, ARY News reported.

The judges, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik, and Justice Athar Minallah, objected to the method of rules approval in their letter, noting that the proposals were never presented before a full court of Pakistan’s Supreme Court.

According to the letter, the full court meeting received a one-point agenda, which only mentioned resolving difficulties arising from the new rules. The judges argued that attending the meeting was pointless until their primary objections were addressed.

The judges emphasized that rules in Pakistan’s Supreme Court are formulated under the Constitution, and such constitutional procedures cannot be bypassed through circulation. They questioned why a meeting was called to amend rules that were not presented in a full court session, calling the process “unnecessarily procedural and irregular.”

The letter from these Supreme Court judges highlights internal concerns regarding rule-making in Pakistan’s judiciary and reflects ongoing debates over adherence to constitutional procedures in Pakistan’s highest court.

Supreme Court judges have raised serious concerns over the approval process of new rules, stating that a full court was not convened for their creation,.

In a letter, the judges noted that the rules were approved through circulation, a procedure normally reserved for routine administrative matters. They expressed surprise that a full court meeting was not held, especially since the rules had already been notified on August 9.

The judges requested that their letter be included in the minutes of the full court meeting and urged that the meeting minutes be made public. They further warned that, in their opinion, the new rules are “legally flawed” and may face issues of illegality.

Also Read: Justice Mansoor Ali Shah ‘questions’ judges’ seniority in letter to JCP

Earlier, Senior judge of the Supreme Court, Justice Mansoor Ali Shah had raised ‘questions’ on the seniority of judges in the recent appointment.

According to details, Justice Mansoor Ali Shah sent another letter to the Secretary of the Judicial Commission, raising serious concerns over the determination of judges’ seniority without prior consultation.

According to the sources, the letter was penned by Justice Shah ahead of a recent meeting of the Judicial Commission. In the letter, he questioned the legality and process of finalizing the seniority of judges without mandatory consultation, particularly with the Chief Justice of Pakistan.

Citing constitutional provisions, Justice Shah stated that under Article 200 of the Constitution, it was imperative for the President to consult the Chief Justice before finalizing any such decisions.

“The President unilaterally determined the seniority in haste,” the letter reportedly reads.