Justice Mansoor Ali Shah wrote to the Supreme Court registrar regarding his own decision not to attend the Chief Justice Qazi Faez Isa full court reference. “It was not a matter of showing up at the affair but rather a deep-seated concern for judicial independence,” he said.
Justice Shah, in his saying, says: Chief Justice Isa, in his opinion, granted one kind of interference instead of curbing it within the judiciary itself. Justice Shah mentioned previous Chief Justices who have protected the integrity of the judicial process. The Chief Justice, according to Justice Shah, should use all those powers to safeguard the rights of the people and to uphold the independence of the judiciary.
Justice Mansoor Ali Shah said he had already turned down similar references, including one to former Chief Justice Saqib Nisar, and considered them a breach of constitutional boundaries. He regretted that Isa failed to open the doors for outside influence to permeate the same institution when judicial autonomy was not justified in defense.
Shah also mentioned that Isa never helped maintain respect among the high court judges and that had led to divisions, which can affect the unity of the judiciary for years. Justice Mansoor Ali Shah clarified that his endorsing Isa’s reference would convey that the Chief Justices, who undermined their institution, could be honored as well.
This is a follow-up letter on his previous decision to opt out from the special benches until a full court meeting addresses the Practice and Procedure Ordinance 2024. He also expressed dissatisfaction that his earlier letter on the ordinance wasn’t put forth in the minutes of the meeting.
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