Islamabad, February 7, 2025: Four senior judges of the Supreme Court of Pakistan have formally requested Chief Justice Yahya Afridi to delay the appointment of new judges, citing unresolved legal and constitutional issues.
The letter, signed by Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik, and Justice Athar Minallah, raises concerns over pending petitions challenging the 26th Constitutional Amendment and a dispute over the seniority of Islamabad High Court (IHC) judges.
According to the letter, a constitutional bench currently hearing the 26th Amendment case may recommend the formation of a full court to deliberate on the matter. The judges warned that appointing new members before a decision is reached could complicate the court’s composition and influence its rulings.
Additionally, the letter questions the seniority adjustments of IHC judges, highlighting that three judges transferred to the high court have not retaken their oaths as required by the Constitution. Without this formal procedure, the judges argue, their legal status remains uncertain, yet their seniority rankings have been altered.
Expressing concerns over the potential implications of proceeding with new judicial appointments, the judges cautioned that it could create the perception of “court packing”—a practice where judicial appointments are influenced to shape legal outcomes.
In their letter, they posed critical questions:
- Why is the judiciary being put in this position?
- Whose agenda does this serve, and in whose interest is this being done?
The judges urged Chief Justice Afridi to delay new judicial appointments until key legal matters are resolved, specifically:
- A ruling on the 26th Constitutional Amendment.
- The decision on forming a full court in the constitutional bench.
- The settlement of the Islamabad High Court judges’ seniority dispute.
A copy of the letter has also been sent to all members of the Judicial Commission of Pakistan.
