ISLAMABAD: Senior Puisne Judge in the Supreme Court, Justice Mansoor Ali Shah is not going to resign after being superseded by Justice Yahya Afridi, despite some media claiming that he was advised to step down, according to sources close to Justice Mansoor Ali Shah.
When approached by this scribe, sources close to Justice Mansoor Ali Shah denied media reports claiming that Chief Justice-nominee Justice Yahya Afridi suggested him to resign during their in-chamber meeting. The source dismissed the reports, stating, “Total lie. Nothing of the sort took place.”
This scribe asked if the Senior Puisne Judge, Justice Mansoor Ali Shah, would continue serving as a Supreme Court judge, sources close to him confirmed that he will remain in his position and has no plan to resign. Another source claimed that Justice Munib Akhtar will also stay and he has no plan to resign too.
It’s important to note here that the Constitution does not require superseded judges to step down. In the past, some senior judges were passed over but continued to serve as judges in both the Supreme Court of Pakistan and the high courts despite being superseded. In 1994, the government bypassed Justice Saad Saood Jan and offered the position of Chief Justice to Senior Puisne Judge Justice Ajmal Mian, who refused out of respect for Justice Saad Saood. The second senior-most judge Justice Abdul Qadeer Chaudhry also declined the offer. However, Justice Sajjad Ali Shah, who was fourth in seniority list, accepted the role of Chief Justice. Despite being superseded, both Justice Ajmal Mian and Justice Abdul Qadeer Chaudhry did not resign and continued to serve as judges in the Supreme Court. Similarly, in 1976, after Justice Sardar Muhammad Iqbal completed his four-year term as Chief Justice of the Lahore High Court, the government appointed Justice Aslam Riaz Hussain as the new Chief Justice, overlooking Senior Puisne Judge Justice Maulvi Mushtaq Hussain. Despite being superseded, Justice Maulvi Mushtaq did not resign. After the 1977 martial law, when Justice Aslam Riaz Hussain was appointed acting governor, Justice Maulvi Mushtaq was given the charge as acting Chief Justice of the Lahore High Court. He continued his judicial duties without stepping down.
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