Supreme Court senior puisne judge Justice Syed Mansoor Ali Shah has raised significant concerns about recent amendments to the Supreme Court’s Practice and Procedure Ordinance. He detailed his objections in a three-page letter to the reformed committee.
The PML-N government’s amendments have expanded Chief Justice of Pakistan Qazi Faez Isa’s powers to select judges for high-profile cases.
Following the ordinance, CJP Isa adjusted the committee, replacing Justice Munib Akhtar with Justice Aminuddin Khan, the fifth senior judge, overlooking the fourth, Justice Yahya Afridi.
Justice Shah criticized the swift committee changes and the absence of explanations for removing Justice Akhtar. He described the selection of a less senior judge as detrimental to democratic values.
He emphasized the importance of collaborative decision-making in the judiciary, noting that recent changes have compromised this principle. He argued that centralizing power in one person, such as the Chief Justice, goes against democratic and judicial fairness.
Justice Shah also questioned the necessity of enacting the ordinance without a parliamentary debate, highlighting the lack of urgency.
He has called for a full court meeting to review the changes, stressing the need for independence, transparency, and cooperation within the judiciary.
Justice Shah reaffirmed his commitment to judicial independence, stating he would abstain from committee meetings until the full court assesses the amendments.
His letter points out deep tensions within the judiciary and raises critical issues about the balance of power in Pakistan’s highest court. He advocates for maintaining transparency and collaboration to preserve judicial independence amidst political and administrative pressures.
