Justice Mandokhail responds to Justice Shah’s missive

ISLAMABAD: Supreme Court judge Jamal Khan Mandokhail, who is also the chairman of Judicial Commission of Pakistan (JCP) Rule-Making Committee for the appointment of judges, Saturday said that the committee has been tasked just to propose the draft rules and to place it before the JCP for final approval, adding that it is the mandate of the Constitution that the judiciary must be independent and impartial, and members of the judiciary should be competent and honest persons.

In response to the letter of Justice Syed Mansoor Ali Shah, Justice Mandokhail suggested the senior judge to propose the names for appointment of judges in the superior judiciary after approval of the rules by the commission so that proper elevations are made.

“I have also come to know that you have proposed names of the candidates for their elevation to the Lahore High Court, Lahore and Islamabad High Court, therefore, I suggest that you may propose these names or more, after approval of the rules by the commission so that proper elevations are made,” Justice Mandokhail responded to Justice Mansoor.

Justice Mansoor on Friday had written a letter to Justice Mandokhail stressing for framing well-thought-out rules for the selection of best judges to the courts, adding that any appointment made without a well-defined and transparent framework of rules will undermine public confidence in the judiciary, compromise its independence and erode its ability to function as a neutral arbiter of justice.

Justice Mandokhail responded that he was of the firm view that it was the mandate of the Constitution that the judiciary must be independent and impartial while members of the judiciary should be competent and honest persons. “For this purpose, the committee constituted for making the draft rules is committed to evolve best mechanism while framing these rules in order to achieve the desired goal,” he responded.

Mandokhail, however, declined to comment on the 26th Amendment for being a sub judice matter. “So far as the issue raised by you in the letter regarding the 26th Constitutional Amendment is concerned, I would not like to comment upon it because the matter is sub judice before the court,” Justice Mandokhail responded to Justice Shah.

He said that after the 26th amendment, the JCP had been reconstituted, of which he and Justice Mansoor were also the members.

As per the Constitution, Justice Mandokhail replied, the JCP is vested with the power to make rules and to do the needful. In its last meeting held on Dec 6, the commission unanimously authorised the JCP chairman/ Chief Justice of Pakistan (CJP) to constitute a committee to prepare draft rules.

“The CJP, with your consultation, constituted a committee for the purpose vide notification dated 6 December 2024, of which, I was nominated as the Chairman, with M/s Mansoor Usman Awan, Attorney General for Pakistan, Barrister Syed Ali Zafar, Senator, Farooq Hamid Naek, Senator and Akhtar Hussain, ASC as members,” Justice Mandokhail responded.

The judge further wrote that the committee had been tasked to draft rules relating to the regulation of procedure, including the procedure and criteria for assessment, evaluation and fitness for appointment of judges under clause (4) of Article 175A of the Constitution.

In this behalf, he said, that two meetings of the committee had already been held, which deliberated upon the framing of draft rules, adding that the committee also took into consideration the Judicial Commission of Pakistan Rules 2010.

“Incidentally, most of the suggestions/ requirements highlighted by you in the letter have already been incorporated in the draft rules, which I had personally shared with you prior to your letter under reply,” Justice Mandokhail responded.

He said the committee was tasked just to propose the draft rules and to place it before the JCP for final approval in its forthcoming meeting to be held on Dec 21, adding that next meeting of the committee is scheduled to be held on Monday (Dec 16), and certainly his suggestions would be considered.

Justice Mandokhail said the institution of judiciary belonged to the citizens of Pakistan and he expected that every JCP member would thoroughly go through the draft rules and submit any suggestion before its approval. He added that the JCP was competent to approve, amend or reject the draft rules.