Top Judge ‘questions’ seniority in letter to JCP

ISLAMABAD: Senior judge of the Supreme Court, Justice Mansoor Ali Shah has raised ‘questions’ on the seniority of judges in the recent appointment, media reported, citing sources.
According to details, Justice Mansoor Ali Shah has 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.
Justice Shah further highlighted that the matter is currently sub judice in an intra-court appeal, suggesting that any unilateral action in this regard was premature and inappropriate.
It is to be noted that the Judicial Commission of Pakistan (JCP) Tuesday nominated chief justices of four pro-vincial High Courts, according to a statement issued by the Supreme Court.
According to the statement, the JCP held four consecutive meetings with Chief Justice Yahya Afridi in the chair to make a decision related to the appointments and, by a majority of its total membership in each meeting, opted to allow the acting chief justices to continue serving the top roles.
Earlier, The Judicial Commission of Pakistan (JCP) nominated two Supreme Court judges for the constitutional benches of the apex court by majority of its total membership.
“A meeting of the JCP was held for considering the nomination of two Judges for the Constitutional Benches of the Supreme Court of Pakistan in the Conference Room of the Supreme Court of Pakistan, Islamabad at 3:00 pm,” a press statement issued here read.
The JCP nominated Justice Aqeel Ahmed Abbasi and Justice Ali Baqar Najafi for the constitutional benches of the Supreme Court of Pakistan, by majority of its total membership.
Meanwhile, a Full Court meeting was also held chaired by Chief Justice of Pakistan (CJP) Justice Yahya Afridi and attended by all judges of the Supreme Court of Pakistan.
The CJP commenced the session by welcoming the judges and outlining the agenda aimed at enhancing the administrative efficiency and smooth functioning of the Court, a press statement read.
Among the key agenda items, the Full Court deliberated on the proposal to revise the legal/professional fees for counsel appointed at State expense.
The recommendations of the Pakistan Bar Council regarding the enrolment of former Judges of the High Courts as Advocates of the Supreme Court, the matter of Right to Access to Information, Asset Declaration process and the draft Supreme Court Rules, 2025 were deliberated upon and appropriate directions were issued.
“All the Hon’ble Judges gave their candid and valuable input. The forum specially appreciated the working of the Supreme Court Rules Amendment Committee and the office of the Registrar.” –Agencies