Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail of the Supreme Court issued a 27-page order dismissing the suo motu case concerning the announcement of the Punjab and KP elections date.
The order highlighted the need to reassess the power held by the Chief Justice of Pakistan to strengthen the institution and promote public trust in the apex court.
The order asserted that the court should be regulated through a rule-based system approved by all judges under Article 191 of the Constitution rather than depending on the solitary decision of one individual.
The judges argued that the “one-man show” approach is outdated, against good governance, and incompatible with modern democratic norms.
The order maintained that the concentration of power in one individual’s hands makes the system susceptible to abuse.
In contrast, a collegial system with checks and balances promotes transparency and accountability and prevents abuse of power. Therefore, the judges recommended moving towards a rule-based institution for a strong, open, and transparent judiciary.
The order also stressed the importance of uniformity and transparency in constituting benches for hearing cases under Article 184(3) of the Constitution.
The judges proposed the establishment of regular five or seven-member benches at the beginning of each judicial year, led by the Chief Justice or the Senior Puisne Judge.
The order criticized the constitution of special benches on a case-to-case basis, calling it a negation of fairness, transparency, and impartiality required for maintaining the judiciary’s legitimacy and credibility. It also noted that the suo motu proceedings were unjustified and initiated with undue haste.
The judges asserted that the matter was not maintainable, as the respective Provincial High Courts deliberated upon similar constitutional and legal issues in Lahore and Peshawar. The order emphasized the importance of supporting provincial autonomy and avoiding interference with the provincial constitutional courts.
The order concluded that Parliament should best resolve such matters and dismissed the suo motu proceedings, agreeing with the decisions of Justice Yahya Afridi and Justice Athar Minallah, who questioned the intent of the suo motu and urged the constitution of a full bench.
