Most senior judge after the chief justice of the Supreme Court of Pakistan, Justice Mansoor Ali Shah, has refused to be a part of any special bench until the full court meets to decide on the Practice and Procedure Ordinance 2024. In this letter to Chief Justice Qazi Faez Isa, Justice Shah has made some kind of reservations over the ordinance and would not join any special bench formations at least until the full court collectively decides on the matter.

It was also a very slight concern on his part that his reservations, which he had recorded in a letter dated September 23, 2024, to the Secretary of the Supreme Court Practice and Procedure Committee, had not appeared in the minutes of the meeting held on October 19. Therefore, there was clarification with regard to the ordinance about his position.

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Mansoor Ali Shah categorically declared that unless the full court declares the constitutional validity of the Practice and Procedure Ordinance 2024, or unless the committee with the Chief Justice at its head and two senior judges sits again, he will not join the special benches constituted on the directives of the new committee. However, Justice Shah added that he will continue to attend general case hearings in the greater public interest. 

He, in his letter, quotes Sir Thomas More as saying, “When politicians forsake their personal conscience for public duties, they lead their country towards destruction.” This reference shows he believed in practicing ethics even in high-stakes matters. 

In conclusion, Justice Shah had told the powers that he was under constant scrutiny of the people and that history never bailed out any miscreant. Not wanting to become part of the special bench until after the full court meeting was a commitment to the dignity of the judicial process.