Justice Mansoor
Senior Puisne Judge of the Supreme Court of Pakistan, Justice Syed Mansoor Ali Shah, has formally distanced himself from the special benches formed under the Supreme Court (Practice and Procedure) Act 2023.
In a letter addressed to Chief Justice Qazi Faez Isa, who also serves as the chairman of the committee established under this Act, Justice Shah raised significant concerns about the constitutionality of recent legal changes, signaling a deep rift over the Supreme Court’s current direction.
Justice Shah referenced an earlier letter, dated September 23, 2024, in which he had outlined his objections to these amendments.
He expressed disappointment that his concerns were not included in the minutes of the 19th committee meeting, leaving them unaddressed.
He argued that the amendments made to the Supreme Court’s structure through Ordinance No. VIII of 2024 should first be examined by a Full Court Bench before they are implemented.
Until the validity of these amendments is properly evaluated, Justice Shah stated that he would abstain from participating in any special benches formed under the newly constituted committee.
He emphasized that his decision was not made lightly but out of a duty to uphold the constitution and protect the judiciary’s independence.
Instead, Justice Shah will continue hearing cases for ordinary litigants in regular benches to ensure that the larger public interest remains served, even as these constitutional debates unfold.
In his letter, Justice Shah invoked a powerful ethical argument about the role of conscience in public office. He quoted Sir Thomas More from the famous play A Man for All Seasons, stating: “I think that when statesmen forsake their own private conscience for the sake of their public duties, they lead their country by a short route to chaos.”
This reference highlights his belief that upholding personal principles in the face of public responsibility is crucial for avoiding the collapse of state institutions and maintaining the rule of law.
Justice Shah’s message also included a reminder that the actions of the judiciary are being closely observed by the people of Pakistan.
He noted that history will remember their decisions, emphasizing that each judge will be held accountable by future generations for their role in shaping the country’s legal landscape.
His decision to disassociate from the special benches brings to the forefront questions surrounding the constitutional validity of the Supreme Court’s recent amendments and raises concerns about the current composition of its special benches.
As the judiciary faces growing scrutiny over its internal divisions, Justice Shah’s decision adds another layer of complexity to the ongoing debate over judicial independence and the role of the Supreme Court in Pakistan’s legal system.
This development marks a critical moment in the discourse surrounding the Supreme Court (Practice and Procedure) Act 2023 and suggests that deeper constitutional challenges may lie ahead, as judges like Justice Shah continue to question the legitimacy of recent legal reforms.
