ISLAMABAD – October 22, 2025:
Supreme Court Justices Mansoor Ali Shah and Munib Akhtar have raised procedural and legal objections to the recent 26th Constitutional Amendment to the judicial Code of Conduct, citing ongoing constitutional challenges that could affect the legitimacy of the Supreme Judicial Council (SJC) itself.
In a letter dated October 17, the two senior judges urged the postponement of the SJC’s October 18 meeting that approved the changes, arguing that Justice Sardar Sarfraz Dogar’s eligibility to serve on the council is still under challenge before the Supreme Court.
“The decision in those proceedings can directly affect the Hon’ble Judge’s membership of, and consequently the composition of, the Council,” they wrote.
Additionally, they noted that the 26th Constitutional Amendment, which altered judicial appointments and council composition, is also under judicial review. Until resolved, they argued, the legitimacy of the SJC’s current structure — including its chairperson — remains sub judice.
The judges also objected to the National Judicial Policy-Making Committee (NJPMC) discussing and approving changes to the Code, despite it being the sole jurisdiction of the SJC. They pointed out that three chief justices who are ex-officio members of both NJPMC and SJC had effectively “pre-decided” the matter before it formally came before the council.
Justice Shah and Justice Akhtar expressed concern that the overlapping roles and pending legal challenges undermined the credibility and constitutional propriety of the amendment process.
“Constitutional propriety requires that no amendments be undertaken until these issues are resolved,” they wrote.
They also raised concerns about the lack of public or institutional debate around the proposed changes, calling for greater transparency and deliberation before implementing far-reaching restrictions on judicial conduct.
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The letter reflects growing unease within the judiciary over recent institutional shifts amid Pakistan’s complex political and constitutional climate.
