Senior puisne judge states that failure to implement decisions would violate the Constitution.
On Saturday, Supreme Court’s senior puisne judge Justice Mansoor Ali Shah announced that he would address the issue of implementing court rulings in the judges’ committee, emphasizing that no one has the right to second-guess court judgments, regardless of their correctness.
“It is not their prerogative; it is solely the prerogative of the Supreme Court,” he stated while speaking at a conference in Islamabad on “Overcoming the Implementation Challenges of Court Verdicts.”
“The Supreme Court has made a decision, and it must be implemented. This is the system of our country and the foundation of our Constitution. If you wish to create a new system, then proceed; we can discuss it afterward.”
At the event, Justice Mansoor Ali Shah clarified that he is not the acting chief justice but the most senior judge in the Supreme Court, stating that Justice Qazi Faez Isa holds the position of Chief Justice of Pakistan.
Earlier this week, President Asif Ali Zardari signed the Election Amendment Bill 2024 into law, which was passed by Parliament amid protests from the PTI. Federal Minister for Information Attaullah Tarar explained that the new law aims to prevent floor crossing. The bill, introduced by PML-N lawmaker Bilal Azhar Kayani in the National Assembly a week ago, was expedited through the lower house’s Standing Committee on Parliamentary Affairs despite objections from Imran Khan’s party.
The legislation proposes changes to the Elections Act of 2017 and appears designed to circumvent the Supreme Court’s July 12 ruling, which granted reserved seats to the PTI and positioned it to regain its status as the single largest party in the National Assembly.
Justice Shah emphasized that ignoring or delaying any verdict would undermine the entire legal system. “Disregarding judgments disrupts the balance of the Constitution and the legal framework,” he stated. “This cannot happen.”
He pointed out that such actions would violate the principle of separation of powers, which encompasses the judiciary, executive, and legislature. “The separation of powers is a fundamental aspect of democracy and should not be compromised,” he asserted, adding that Supreme Court decisions are a constitutional obligation.
The senior puisne judge described the delicate equilibrium established by the Constitution that must be respected, warning against any form of executive overreach. He stressed that implementing Supreme Court rulings is mandatory, and failing to do so would constitute a violation of the Constitution.
Justice Shah reiterated that the authority of the Supreme Court is derived from the Constitution, not any other source. He also highlighted that the Constitution guarantees rights for minorities, emphasizing that the implementation of court decisions should not be seen as a burden, as “there is no compulsion in religion.”
He affirmed his commitment to learning only from the Quran and Sunnah, asserting that the entire judicial system must function within the boundaries of the Constitution. He noted that Islamic teachings mandate compassion and justice for religious minorities and that the Pakistani Constitution grants them religious freedom, ensuring they have a rightful place in society.
