Justice Mansoor Ali Shah has expressed serious objections to the reconstitution of the Ordinance
Justice Mansoor Raises Objections to Reconstitution of Ordinance Committee
By Amjad Siddique- Islamabad 23- September 2024
Islamabad: Senior Supreme Court judge Justice Mansoor Ali Shah has expressed serious objections to the reconstitution of the Ordinance Committee formed under the Supreme Court Practice and Procedure Act 2023.
Justice Shah has refused to attend any meetings until the previous structure of the committee is restored, stating that a full court meeting could be convened to assess the constitutional validity of the ordinance.
Objections to the Reconstitution of the Committee
In a letter to the committee's secretary, Justice Shah clarified that reconstituting the committee under the ordinance was not mandatory, and the previous committee could have continued its work. He highlighted that the committee was reformed just hours after the issuance of the amending ordinance, which lacked a clear justification.
He expressed concerns about why such a reconstitution was necessary when the previous committee could legally function.
Rush in Committee Reformation
Justice Shah criticized the process of reconstituting the committee as rushed, emphasizing that the previous committee could have continued its operations without any immediate need for a new committee.
He insisted that all legal and constitutional aspects of the committee's formation should be thoroughly considered and presented before a full court bench.
Serious Questions Regarding Chief Justice's Discretion
Justice Shah raised questions about the discretion granted to the Chief Justice under the amending ordinance, stating that it raises serious concerns regarding the independence of the judiciary. He stressed the need to determine the constitutional basis for giving the Chief Justice arbitrary powers and whether this discretion could undermine transparency in the judicial system.
Impact on Transparency and Justice Principles
Justice Shah pointed out violations of transparency and justice principles in the committee formation process. He argued that the Chief Justice's unilateral decision to reconstitute the committee without explanation or consultation contradicts the fundamental principles of the judicial system.
He stressed the importance of ensuring the independence and transparency of the judiciary and that the process of committee formation should be comprehensive and fair.
Need for a Full Court Meeting
Justice Shah proposed convening a full court meeting, arguing that all judges should discuss the constitutional validity of the amending ordinance and the committee's formation. He emphasized that the seriousness of the issue warranted a broader consultation rather than being left to a single committee.
Objection to Removal of Senior Judge from Committee
Justice Shah also objected to the removal of Justice Munib Akhtar from the committee, arguing that appointing the fourth senior-most judge in his place was unfair. He asserted that Justice Akhtar should have remained a committee member as he was already part of it, making his inclusion legally and constitutionally necessary.
Opposition to One-Man Show Concept
Justice Shah opposed the notion of a one-man show within the judiciary, asserting that a critical institution like the Supreme Court should not be left to the discretion of a single individual. He called for a more transparent and inclusive judicial system to restore public trust and safeguard judicial independence.
Integrity of the Judiciary and Public Trust
In his letter, Justice Shah expressed concern that a lack of transparency in the committee formation process could compromise the integrity of the judiciary and erode public trust in the judicial system. He reiterated that the judiciary's role is in the public interest, and ensuring its independence and transparency is crucial.
Refusal to Attend Meetings
Justice Shah made it clear that he would not attend any meetings of the committee until the constitutional validity of the amending ordinance is determined by a full court bench or the previous committee is reinstated. He emphasized that principles and judicial independence are paramount, and he does not wish to be part of any non-transparent process.
Importance of Transparency and Justice
In his letter, Justice Shah stressed the need to uphold the principles of transparency and justice, stating that the judiciary should make decisions in the public interest. He called for the Supreme Court to demonstrate transparency and fairness in its rulings to maintain public trust in the judicial system.
