Justice Shah again writes to CJP, refuses to sit on special benches

ISLAMABAD: Supreme Court senior puisne judge Justice Mansoor Ali Shah has declined to participate in special benches formed by the new committee and will only attend sittings of the regular benches to hear cases of ordinary litigants in the larger public interest.

He wrote a letter, titled “Objection on and disassociation from the bench constituted for hearing C.R.P. 988 of 2023” to Chief Justice Qazi Faez Isa, who also chairs the committee under the Supreme Court (Practice and Procedure) Act 2023.

Justice Shah intimated to outgoing Chief Justice Qazi Faez Isa that until a full court bench determines the constitutional validity of the promulgation of Ordinance No. VIII of 2024 and restore the earlier committee comprising chief justice and two senior most judges, he will not be part of special benches formed by the new committee.

“For the reasons recorded in my letter dated 23 September 2024, sent to the secretary of the committee, constituted under the Supreme Court (Practice and Procedure) Act 2023 (the contents of which, in spite of my request, were not recorded in the minutes of the 19th meeting of the committee), I regret that I cannot be part of the subject bench,” Justice Mansoor wrote.

“I also make it clear that until the full court bench determines the constitutional validity of the promulgation of ordinance No VIII of 2024 as well as of the amendments made thereby or the judges of the court resolve to act upon these amendments in a full court meeting pending adjudication upon the constitutionality thereof, or the earlier committee comprising the HCJP and two senior most judges is restored, I will not participate in special benches formed by the new committee and will only attend sittings of the regular benches to hear the cases of ordinary litigants in the larger public interest,” Justice Shah further wrote.

In his letter, Justice Mansoor Ali Shah also mentioned quote of Sir Thomas More from “A man for all seasons”, where he said: ‘I think that when statesmen forsake their own private conscience for the sake of their public duties, they lead their country by a short route to chaos’.” Justice Shah said in his letter that “we often forget, when in power, that people of this country are watching our actions, and that history never forgives.

“For the above reasons, I disassociate myself from the bench constituted in this matter,” Justice Shah concluded.