Justice Mansoor Ali Shah has cautioned that premature extension of constitutional bench’s term could undermine public trust and intensify judiciary’s crisis.
Justice Shah opposed extending the tenure of judges on the constitutional bench in a letter to the Judicial Commission members, which was written prior to the Commission’s June 19 meeting.
Shah pointed out that he had notified the Commission well in advance that he would not be able to attend the meeting because he was abroad.
Noting that prior meetings had been postponed because executive members were unavailable, he expressed disappointment that the meeting was held in any case.
He hinted that the judiciary might not have had any influence over the meeting’s postponement because it currently holds a minority position within the Commission.
The senior-most judge warned the Commission in his letter that granting judicial extensions before addressing the constitutional issue pertaining to the 26th Amendment would send a negative message to the public and damage the credibility of the institution.
The letter stated that “the expansion or reappointment of a bench whose constitutionality has been challenged deepens the institutional crisis and undermines the credibility of the court.”
“The court’s credibility and public confidence are being eroded by the ongoing delay in making a decision on a fundamental constitutional issue like the 26th Amendment.”
In order to prevent perceptions of bias and selective inclusion, Justice Shah further urged that all Supreme Court judges remain on the constitutional bench until the case is resolved.
“Impartiality and harmony within the institution are affected when a specific judge is added to the Constitution Bench without a clear or defined process,” he stated.
