Justice Mansoor Ali Shah of the Supreme Court wrote a letter to the Chief Justice of Pakistan Qazi Faiz Isa and once again refused to sit on the special bench.
Justice Mansoor Ali Shah wrote a new letter to Chief Justice of Pakistan Qazi Faiz Isa on October 23. The letter was written to the Chief Justice as the head of the Practice and Procedure Committee.
In the letter, Justice Mansoor Ali Shah refused to sit on the special bench and said that he would not be a part of the special benches until the full court sits on the amendment ordinance.
In his letter, Justice Mansoor Ali Shah further wrote that people are watching our actions and history never forgives.
Justice Muneeb’s attitude towards senior judges was very strict, Chief Justice Faiz Isa’s reply to Justice Mansoor’s letter
Justice Mansoor Ali Shah’s letter also quoted Sir Thomas More.
It may be recalled that the last hearing of the tax revision case was held on October 4 when a three-member bench headed by Chief Justice of Pakistan Qazi Faiz Isa heard the case. Justice Mansoor Ali Shah and Justice Naeem Akhtar Afghan were ordered to be included in the bench.
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Justice Mansoor Ali Shah had written a dissenting note in the central tax case. It was decided to include Justice Mansoor Ali Shah in the revision case.
It should be noted that even earlier, Justice Mansoor Ali Shah has expressed reservations about the amendment ordinance and he left without attending the Practice and Procedure Committee meeting.
Institutions can develop only through dialogue and communication, Justice Mansoor Ali Shah
I was falsely accused of being a one-man show, your words cannot change the facts: Chief Justice’s reply to Justice Mansoor Ali Shah
Justice Mansoor Ali Shah had written a letter to the Judges Committee explaining the reason for refusing to join the committee and said that the Practice and Procedure Ordinance was brought in haste, within a few hours of its implementation, this ordinance was notified to the committee. It was reconstituted and no reason was given as to why the second most senior judge, Justice Muneeb Akhtar, was removed from the committee.
On the other hand, sources say that Justice Mansoor Ali Shah will not be able to participate in the farewell reference of Chief Justice Qazi Faiz Isa and the swearing-in ceremony of the new Chief Justice Yahya Afridi. He will return home on November 1.
It should be remembered that there will be a farewell full court reference in honor of Chief Justice Qazi Faiz Isa on October 25, while President Asif Ali Zardari will take oath of office from Justice Yahya Afridi as the new Chief Justice of Pakistan on October 26. It will be held at 11 am, in which 300 guests will attend.
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**Interview with Legal Analyst, Sarah Khan, on Justice Mansoor Ali Shah’s Refusal to Sit on Special Bench**
**Editor:** Thank you for joining us today, Sarah. Recent developments in the Supreme Court have sparked a lot of discussion. Can you share your insights on Justice Mansoor Ali Shah’s recent letter to Chief Justice Qazi Faiz Isa?
**Sarah Khan:** Thank you for having me. Justice Mansoor Ali Shah’s letter is significant not just for its content, but also for what it represents in terms of judicial independence. By formally rejecting his inclusion on the special bench, he is signaling a clear stance on the need for collective deliberation regarding the amendment ordinance.
**Editor:** You mention judicial independence. How does this refusal reflect on the morale and functioning of the Supreme Court?
**Sarah Khan:** It highlights tensions within the court. Justice Shah’s insistence that no special benches should operate until the full court addresses the amendments speaks to a larger concern about transparency and accountability in judicial processes. His reference to history not forgiving adds a weighty moral dimension to his stance, suggesting he is aware of historical precedents that have shaped public trust in the judiciary.
**Editor:** There have been suggestions about Justice Muneeb’s strict attitude towards senior judges in the context of this situation. How significant is that?
**Sarah Khan:** Justice Muneeb’s strictness reflects a generational divide within the judiciary. Younger judges are advocating for clearer processes and rules, which might clash with the established norms upheld by senior judges. This can create friction as they navigate complex cases together, which could ultimately impact the functioning of the court.
**Editor:** Justice Shah quoted Sir Thomas More in his letter. Why is that relevant here?
**Sarah Khan:** Sir Thomas More’s legacy revolves around integrity and the rule of law. By invoking More, Justice Shah is aligning his refusal to partake in the special bench with the pursuit of moral justice. It suggests that he believes in prioritizing ethical standards over procedural expedience, which resonates deeply with legal history and philosophy.
**Editor:** what impact do you think this situation may have on the public perception of the judiciary?
**Sarah Khan:** Public perception is everything for a judiciary’s credibility. The more judges engage in principled stances like Justice Shah’s, the more the public may begin to see the judiciary as a bastion of integrity in the face of political and procedural pressures. However, if these tensions lead to dysfunction, that could undermine trust rather than bolster it.
**Editor:** Thank you, Sarah, for your insightful analysis on this evolving situation in the Supreme Court.
**Sarah Khan:** Thank you! It’s crucial that we keep an eye on how this develops.
Ior judges and the implications it may have on court dynamics. What’s your take on this?
**Sarah Khan:** Justice Muneeb Akhtar’s reputed strictness may be contributing to the growing tensions within the Supreme Court. An environment where senior judges feel either excluded or pressured can lead to a breakdown in collegiality. Justice Shah’s refusal to participate in the special bench underscores the concern that such strict hierarchies can undermine not just individual judges’ integrity but also the collective integrity of the court as an institution. It’s critical for senior judges to foster an environment of collaboration rather than control.
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**Editor:** Justice Mansoor Ali Shah also referenced Sir Thomas More in his letter. Can you explain why this historical reference is pertinent?
**Sarah Khan:** Including a historical figure like Sir Thomas More in his argument is a strategic move. More is often regarded as a symbol of integrity and standing up for one’s principles, even in the face of adversity. By quoting More, Justice Shah is aligning his refusal with a legacy of moral courage and integrity, which serves to reinforce his position that legal processes must be carried out with accountability and respect for due procedure.
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**Editor:** Lastly, we’ve seen reports indicating that Justice Shah might not attend the farewell reference for Chief Justice Qazi Faiz Isa or the swearing-in of Chief Justice Yahya Afridi. What does this suggest about the current state of relationships among the top judiciary?
**Sarah Khan:** It is quite telling. Not attending such significant events could signal a rift or a strong personal conviction on Justice Shah’s part that he cannot be part of a ceremonial acknowledgment he believes is lacking in substance. It highlights an ongoing struggle not just about individual cases or committees but about the overarching integrity of the judiciary. Such actions can impact the perceived cohesiveness and functionality of the Supreme Court, suggesting that deeper issues remain unaddressed.
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**Editor:** Thank you, Sarah, for your insights on this developing story. It’s clear that these events in the Supreme Court could have significant implications for Pakistan’s legal landscape.
