In a letter to Chief Justice Qazi Faez Isa, Justice Mansoor Ali Shah stated that he would not join the special bench formed by the committee under the SC (Practice and Procedure Act), 2023, for case assignments. He raised objections, citing the same concerns expressed in his September 23 letter to the committee’s secretary.
Previously, Justice Shah had voiced his apprehensions about the SC (Practice and Procedure Act), 2023, which governs key Supreme Court functions, including bench formation. The ordinance, issued in September, allows the Chief Justice to nominate a judge to the committee responsible for constituting benches. According to the ordinance, the committee includes the Chief Justice, the second senior-most judge, and a judge selected by Justice Isa.
Justice Mansoor had expressed dissatisfaction with the removal of Justice Munib Akhtar from the committee shortly after the ordinance was enacted. Hours after its promulgation, the judges’ committee was restructured, and Justice Munib was excluded, a decision that was questioned by Justice Mansoor. Justice Isa had appointed Justice Amin-Ud-Din Khan to the three-member committee, replacing Justice Munib.
Justice Mansoor had noted that no explanation was provided for Justice Akhtar’s removal or for bypassing the next senior-most judge in favor of the fourth senior-most. He criticized the “cherry-picking” and unilateral decisions, which he argued the Act aimed to prevent—a stance supported by the Full Court in the Raja Amer case.
In response, CJ Isa issued a letter on September 26, outlining 11 reasons for his decision, stating that while he was not legally required to justify his nomination, he did so in the interest of transparency and accountability.
In his October 23 letter, Justice Mansoor made his participation in the special bench contingent on the full court reviewing the constitutional validity of the ordinance and its amendments or restoring the original committee composition. Until then, he stated, he would only participate in regular bench sessions to hear cases in the public interest.
He referenced a quote from A Man for All Seasons, where Sir Thomas More remarked, “When statesmen forsake their private conscience for public duties, they lead their country to chaos.” Justice Mansoor concluded by reminding his colleagues that those in power must remember the public is watching, and history will not forget.
