LEGAL

Senior Supreme Court judge Justice Mansoor Ali Shah has sent a letter to the Secretary of the Judicial Commission, expressing serious reservations over the unilateral determination of judicial seniority without proper consultation.
According to sources, the letter was dispatched prior to a scheduled Judicial Commission meeting, and underscores Justice Mansoor Shah’s discontent with the process followed in deciding the seniority of judges.
“Determining seniority without consultation with the Chief Justice is a clear deviation from constitutional procedure,” the letter stated.
Justice Mansoor invoked Article 200 of the Constitution, which mandates consultation with the Chief Justice in such matters. He criticized the President's decision to determine the seniority independently and called the move “hasty and unconstitutional.”
Matter Already Sub Judice
The letter also pointed out that the issue is already pending in an intra-court appeal, and hence, taking any decision without final adjudication could be premature and legally questionable.
“The matter is sub judice. In my opinion, due consultation was not only necessary, but constitutionally mandated,” the senior judge wrote.
Justice Mansoor’s letter is seen as part of a broader concern within the judiciary over the transparency and legitimacy of judicial appointments and promotions, especially amid ongoing institutional and political tensions in Pakistan.
The move is likely to prompt further scrutiny into how seniority is assessed and highlight the growing calls within the judiciary for institutional independence, due process, and adherence to constitutional norms.
As of now, there has been no official response from the President’s Office or the Judicial Commission regarding the concerns raised in the letter.