Chief Justice of Pakistan Qazi Faez Isa has issued a comprehensive response to Justice Mansoor Ali Shah regarding concerns over the Practice and Procedure Committee.
Justice Mansoor had previously expressed reservations about the committee and questioned the exclusion of Justice Munib Akhtar. He also refused to attend the committee’s meetings and raised issues with the presidential ordinance that established the committee.
In his letter, Chief Justice Isa provided detailed explanations, although the specifics remain undisclosed. Sources indicate that he cited 11 reasons for not including Justice Munib Akhtar, primarily related to his stern demeanor toward senior judges.
The Chief Justice clarified that Justice Yahya Afridi was initially invited to join the committee but declined, leading to Justice Aminuddin Khan being appointed in his place. He also noted that Justice Munib Akhtar had opposed the Practice Procedure law and declined to participate in committee meetings during the court’s summer recess, claiming unavailability.
Chief Justice Isa expressed concern about Justice Munib’s behavior in the committee, describing it as inappropriate, particularly after Justice Munib walked out of a meeting. He emphasized that the law mandates urgent cases to be heard within 14 days, and Justice Munib’s absence posed a challenge to this requirement.
Furthermore, the Chief Justice pointed out that no judge has the authority to contest his decisions regarding committee appointments. This exchange follows Justice Mansoor’s recent inquiries about Justice Munib’s exclusion from the committee, which he found troubling.
Previously, Justice Mansoor had voiced strong objections to the Supreme Court’s Practice and Procedure Ordinance, detailing his concerns in a three-page letter. He criticized both the content and the process of the amendments following the ordinance’s promulgation.
The reconstitution of the committee, which notably replaced Justice Munib Akhtar with Justice Aminuddin Khan, took place shortly after the ordinance was enacted, raising transparency issues.
Justice Mansoor highlighted the absence of justification for removing Justice Munib, who had actively participated in committee meetings. He further criticized the arbitrary appointment of a less senior judge, calling it “unfortunate cherry-picking” that undermines democratic principles.
