\u2022 Justice Mandokhail responds to letter, shares copy with other JCP members
\n\u2022 Requests senior puisne judge to propose judges\u2019 names for high courts after rules approval
\n\u2022 Invites suggestions before rules-making committee meets again tomorrow<\/p>\n
ISLAMABAD: In a pro\u00admpt response to a letter of senior puisne judge of the Supreme Court Jus\u00adtice Syed Mansoor Ali Shah, chairman of the Judicial Commission of Pakistan\u2019s (JCP) rule-making committee Justice Jamal Khan Mandokhail on Saturday assured him that most of his suggestions have already been incorporated into the draft rules on judges\u2019 appointment.<\/p>\n
Justice Mandokhail, in his two-page letter, copies of which have also been shared with other JCP members, reminded Justice Shah that the committee had met twice to deliberate upon the framing of draft rules. In these meetings, the committee also took into consideration the JCP Rules, 2010.<\/p>\n
In his five-page letter to the chairman of the rule-making committee, Justice Shah had called upon the JCP to urgently finalise \u2018clear and transparent rules\u2019 for appointing jud\u00adges to constitutional courts, warning that any appointments without such a fram\u00ade\u00adwork would be unconstitutional and could undermine judiciary\u2019s independence.<\/p>\n
The detailed letter, written on Dec 12, undersco\u00adred the constitutional obligation under Article 175A(4) that required the JCP to establish procedures and criteria for assessing and appointing the judges, and expressed deep concern that absence of those rules would jeopardise the rule of law, dem\u00adocracy, and public confidence in the judiciary.<\/p>\n
Justice Mandokhail said he received the letter on Dec 13, after the JCP had been reconstituted under the 26th amendment, of which both he and Justice Shah besides other judges were members. Since the JCP is vested with the power to make rules under the constitution, the letter added, the commission in its Dec 6 meeting unanimously authorised JCP chairman Chief Justice of Pakistan (CJP) Yahya Afridi to constitute a committee to fulfil the constitutional obligation.<\/p>\n
Subsequently, the CJP with Justice Shah\u2019s consultation constituted a panel and tasked it with drafting rules related to the regulation of procedure, including the procedure and criteria for assessment, evaluation and fitness for appointment of judges under Article 175A(4), the letter said, adding that the committee in its two meetings took into consideration the JCP Rules, 2010, and deliberated upon the framing of draft rules.<\/p>\n
\u201cIt is important to mention here that incidentally, most of the suggestions\/requirements highlighted by you (Justice Shah) in the letter have already been incorporated in the draft rules, which, I had personally shared with you, prior to your letter under reply,\u201d the letter said.<\/p>\n
Justice Mandokhail emphasised that the committee was tasked with proposing the draft rules and placing them before the JCP for a final approval in its meeting scheduled to be held on Dec 21.<\/p>\n
Names proposed for elevation<\/p>\n
\u201cI have also come to know that you have proposed names of the candidates for their elevation to the Lahore High Court and Islamabad High Court. I suggest that you may propose these names or more, after approval of the rules by the commission, so that proper elevations are made,\u201d he wrote.<\/p>\n
Justice Mandokhail, however, appreciated Justice Shah\u2019s suggestions, assuring him he was also of a firm view that it is the mandate of the constitution that the judiciary must be independent and impartial. \u201cMembers 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.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
\u2022 Justice Mandokhail responds to letter, shares copy with other JCP members \u2022 Requests senior puisne judge to propose judges\u2019 names for high courts after rules approval \u2022 Invites suggestions before rules-making committee meets again tomorrow ISLAMABAD: In a pro\u00admpt response to a letter of senior puisne judge of the Supreme Court Jus\u00adtice Syed Mansoor […]<\/p>\n","protected":false},"author":1,"featured_media":3903,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-3902","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-national-news"],"_links":{"self":[{"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/posts\/3902","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3902"}],"version-history":[{"count":1,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/posts\/3902\/revisions"}],"predecessor-version":[{"id":3904,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/posts\/3902\/revisions\/3904"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/media\/3903"}],"wp:attachment":[{"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3902"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3902"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3902"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}