SC judges question legitimacy of Supreme Judicial Council

A letter jointly written by Supreme Court Justices Mansoor Ali Shah and Munib Akhtar has surfaced, raising serious concerns about the constitutional legitimacy of the Supreme Judicial Council (SJC) and the legal standing of its decisions.

According to the 24NewsHD TV channel, the letter, dated October 17, was written in the context of proposed amendments to the Code of Conduct for judges.

In their letter to the SJC, the two justices noted that they had submitted their comments a day before the council meeting and had participated via video link despite facing connectivity issues.

They emphasised that a signed copy of their input was submitted on October 20, following the council meeting.

The justices further stated that the letter was necessitated by unconstitutional developments during a meeting of the National Judicial Policy Making Committee (NJPMC), which had taken place prior to the SJC session.

They objected to the NJPMC taking up the matter of judicial conduct, asserting that the issue strictly falls within the exclusive domain of the Supreme Judicial Council.

The letter also revealed that during the SJC meeting, the judges had requested the council to first address their earlier communication dated October 13.

In that letter, they had proposed either postponing the SJC session or restructuring its composition.

They argued that with a case currently pending before the Supreme Court concerning Islamabad High Court Chief Justice Aamer Farooq’s involvement in the council, any decision made by the SJC without clarifying its own constitutional composition could raise questions about the legal validity of its rulings.

The judges warned that unless the constitutional status of the council is conclusively determined, any decisions it takes may continue to face legal and constitutional scrutiny.

Reporter: Hasher Warraich