'One-man show', says Justice Mansoor Ali Shah of chief justice, skipping the judges' committee meeting

As Chief Justice Qazi Faez Isa enters his last month as chief justice of the apex court, the tussle within the court has been accentuated by a letter written by the second senior-most judge, Justice Mansoor Ali Shah.

Justice Shah is slated to be the next chief justice unless the government is able to legislate on the appointment of judges.

“It is unfortunate that the undemocratic selection process is dominated by one individual," wrote Justice Shah in a note addressed to the judges committee.

Comprising the chief justice and the two senior-most judges of the Supreme Court of Pakistan, the judges' committee decides the formation of the benches, and which cases to take up under the court's suo moto powers.

Last Friday, in under 24 hours, Pakistan's federal government amended key Supreme-Court-related legislation through an ordinance, which President Asif Ali Zardari signed into law, and the Supreme Court ordered the replacement of a dissenting judge in the judge's committee.

After the ordinance was signed into law, Chief Justice Qazi Faez Isa swapped Justice Muneeb Akhtar with Justice Ameenud din Khan in the judges' committee.

The ordinance amended 2023's Supreme Court (Practice and Procedure) Act.

Justice Mansoor Ali Shah's letter

In his letter, Justice Mansoor Ali Shah said that he would not join the committee established under the Supreme Court 'Practice and Procedure Act Amendment Ordinance' until Justice Muneeb Akhtar is reinstated.

He also wrote of the haste in which the ordinance was made into law, insisting that his letter should be made a part of the minutes of the judges' committee meeting.

Justice Mansoor Ali Shah said in his letter that a full court endorsed the practice and procedure act, and any amendments are possible either through a full court bench or while the full court is in session. A full court comprises sixteen judges of the Supreme Court, including the chief justice.

"The concentration of ultimate administrative powers in the hands of a single individual, such as Chief Justice, runs counter to the ideals of democratic governance and judicial fairness,” wrote Justice Mansoor Ali Shah in his three-page note.

The politics of bench formation

The last chief justice - Umer Ata Bandial - was also accused of picking 'like-minded' judges in political significant cases by lawyers and members of the current government.

In April 2023, parliament passed the Practice and Procedure Act. At the time, nearly the same alliance of parties led the government as now.

The then-president, Arif Alvi - a member of the Pakistan Tehreek-e-Insaf - refused to sign it into law, while former chief justice Umar Ata Bandial blocked its enactment until the court ruled on petitions challenging the act. The PTI filed one of those petitions.

The challenges to the act were taken up after Qazi Faez Isa became the chief justice.

In October 2023, the Supreme Court declared the act as valid through a 10-5 majority during a full-court session.

Authored by Chief Justice of Pakistan Qazi Faez Isa, the judgement said:

“We have very carefully considered each and every provision of the Act, and are of the view that it has facilitated access to justice, instilled transparency, made the realization of Fundamental Rights more effective and the Supreme Court more independent.”