Four senior judges of the Supreme Court of Pakistan have written a letter to Chief Justice of Pakistan (CJP) Yahya Afridi, requesting him to postpone the appointment of new judges amid ongoing legal and constitutional challenges.

The letter, signed by Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik, and Justice Athar Minallah, highlights concerns regarding the pending petitions against the 26th Constitutional Amendment and the seniority dispute of judges in the Islamabad High Court (IHC).

According to the letter, a constitutional bench hearing the 26th Amendment case may recommend the formation of a full court to deliberate on the matter. However, appointing new judges before a decision is made could create complications regarding the composition of the full court.

The judges also questioned the seniority adjustment of IHC judges, stating that three judges were transferred to the Islamabad High Court but did not retake their oaths, as required by the Constitution. The letter claims that without the oath-taking, their judicial status remains uncertain, yet their seniority ranking has been altered.

Concerns over ‘court packing’

The judges warned that proceeding with new judicial appointments under the current circumstances could create the impression of court packing, a practice where appointments are made to influence judicial outcomes.

The letter explicitly asks:

Why is the court being put in this situation?
On whose agenda and in whose interests is this being done?

Call for delay in appointments

The judges have urged the chief justice of Pakistan to delay the judicial appointments until:

A decision is made on the 26th Constitutional Amendment.
The full court application in the constitutional bench is decided.
The seniority dispute of Islamabad High Court judges is settled.

A copy of the letter was also sent to all members of the Judicial Commission.