Justice Mansoor Ali Shah Raises Concerns in Letter to SC Practice and Procedure Committee. Supreme Court Justice Mansoor Ali Shah has expressed his concerns in a letter to the SC Practice and Procedure Committee following his absence from a meeting on Monday. He stated that he cannot participate until the full court reviews the recent ordinance.
In his letter, Justice Shah noted that the previous committee could have continued its work despite the issuance of the ordinance. His absence led to the early adjournment of the meeting, which was held in Islamabad, where Chief Justice Qazi Faez Isa and Justice Amin-ud-Din Khan waited for him before deciding to leave.
This meeting marked the first session since the federal government promulgated an ordinance to amend the Supreme Court (Practice and Procedure) Act 2023. The session aimed to determine the formation of benches for upcoming cases.
Justice Shah criticized the immediate restructuring of the committee as “unnecessary” and referred to the inclusion of a preferred member as an “undemocratic approach” and a “one-man show.” He also questioned the lack of explanation for the removal of Justice Munib Akhtar from the committee.
Last week, CJP Isa altered the composition of the three-judge committee, substituting Justice Khan for Justice Akhtar shortly after President Asif Ali Zardari signed the amended Act. Under the previous legal framework, the committee responsible for cases under Article 184(3) of the Constitution was required to consist of the three most senior judges. However, the new ordinance grants the CJP the authority to select any SC judge to serve as the third member.
Justice Shah outlined three conditions for his return to the Practice and Procedure Committee: he will not participate until the full court reviews the constitutional status of the ordinance, he will not attend meetings until the full court decides on the implementation of the amendments, and he will not rejoin the committee until the chief justice reinstates the previous committee and Justice Akhtar.
Additionally, he called for the formation of a full court bench to address the presidential ordinance or for a full court meeting to be convened on the administrative side.
In April, Justice Shah emphasized the need to establish a firewall around the judicial system to prevent interference in judicial matters, stating, “The judiciary will stand united against any interference that will come their way.” This remark was made during his address at the fifth Asma Jahangir Conference in Lahore.
