Islamabad: The controversy over judges' letters has resurfaced in the Supreme Court of Pakistan, as four Supreme Court judges have called on Chief Justice Yahya Afridi to defer judicial appointments.
In a letter addressed to the Chief Justice, Justices Mansoor Ali Shah, Muneeb Akhtar, Ayesha Malik, and Athar Minallah cited the pending petitions against the 26th Constitutional Amendment as a key concern. They also raised the issue of seniority disputes among Islamabad High Court judges.
The letter, copies of which have been sent to all members of the Judicial Commission, states that the constitutional bench could decide to hear the 26th Amendment case as a full court. However, the appointment of new judges could complicate this matter.
The judges highlighted that three judges were transferred to the Islamabad High Court (IHC), but according to the Constitution, they were required to retake their oath upon appointment. Without this, their status as judges remains questionable. Despite this, the seniority list at the IHC has already been altered.
The letter further expressed concerns that appointing new judges in the current situation might create the impression of "court packing." The judges questioned why the judiciary was was placed in such a position and whose agenda or interests were driving this move.
They urged that judicial appointments be deferred until the verdict on the 26th Amendment case is reached. At the very least, they suggested delaying the appointments until the constitutional bench decides on the request for a full court and until the issue of IHC judges' seniority is resolved.