Pakistan’s top court judge refuses to become part of special bench

Justice Mansoor Ali Shah declined on Thursday to join the special bench appointed by a committee formed under the contentious Supreme Court (Practice and Procedure) Act, 2023, which is responsible for assigning cases.

In his letter to outgoing Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Shah maintained that he could not be part of special benches until a full court was assembled to deliberate on the ordinance.

Justice Shah had also raised concerns about the "hasty" reconstitution of the Practice and Procedure Committee in a letter last month to the CJP.

He had criticized the lack of transparency in the removal of Justice Munib Akhtar, the second senior-most judge, from the committee without any explanation. Justice Akhtar had attended all meetings since March 2024 and was available for the latest session, making his exclusion all the more questionable.

Justice Shah also raised concerns about the inclusion of a less senior judge in the committee, describing the move as "unfortunate cherry-picking" and warning that it undermined the democratic principles the ordinance was meant to safeguard.

In his letter today to the CJP, Justice Shah said he would only participate in regular benches to hear cases that serve the public interest until the full court reviews the law's constitutionality or until the previous committee structure is restored.

Justice Shah’s letter notably included a quote from Sir Thomas More, who famously said, “I think when statesmen forsake their own private conscience for the sake of their public duties, they lead their country by a short route to chaos.”

He also remarked, "We often forget, when in power, that people of this country are watching our actions, and that history never forgives."

Divide in the judiciary

The differences in the superior judiciary widened after Chief Justice of Pakistan Qazi Faez Isa changed the composition of the three-judge committee by substituting Justice Amin-ud-Din Khan in place of Justice Munib Akhtar moments after the federal government promulgated an ordinance to amend the Supreme Court (Practice and Procedure) Act 2023 on September 20.

Under the ordinance, a change in the clause of the law allowed the CJP to pick any judge of the Supreme Court to be the third member of the body.

Citing his eleven-point charge sheet against Justice Akhtar, CJP Isa began by addressing Akhtar's opposition to the Practice and Procedure Act 2023, which led to his removal from the committee. He emphasized that while Akhtar and other minority judges defended the chief justice's discretionary powers, this did not suggest any ulterior motives or aspirations for higher positions.

He noted past abuses of bench-fixing powers by previous chief justices, which raised concerns about judicial wisdom and integrity. He pointed out that Akhtar had previously intervened to uphold the chief justice's powers before the act became law, and criticized him for taking extended summer vacations, which contributed to a backlog of cases while still participating in committee meetings.

CJP Isa expressed concerns over Akhtar's treatment of ad hoc judges, claiming he showed disrespect, limited their casework, and excluded them from critical hearings.

Furthermore, he accused Akhtar of inappropriate conduct within the Judicial Committee and criticized his inefficiency in handling cases, often adjourning them prematurely and issuing stay orders without follow-up.