ISLAMABAD: Justice Syed Mansoor Ali Shah, senior puisne judge of the Supreme Court, said non-implementation of the apex court’s judgments is a violation of the constitution.
The next chief justice was addressing a ceremony on judicial challenges here on Saturday.
He said only the SC had the prerogative to decide a matter and after that the judgment has to be implemented. There will be severe consequences if the constitutional duty of implementing the SC’s orders is not fulfilled, he added.
Delaying implementation of judgments challenge to very legal system: SC
Justice Mansoor said that Supreme Court’s authority comes directly from the constitution and not from any other source. He stressed that adhering to the apex court’s decisions is not merely a tradition but a constitutional command, saying there is no option to “disregard or delay” the judgments.
“The SC verdict cannot be disregarded or delayed or else the entire legal system will be disrupted and the balance of Constitution will be out if you seek non-implementation of judgments.”
“I want to underline that Supreme Court’s judgments (always) get implemented and it is the structure of the Constitution,” Justice Mansoor said, adding that there has never been a case where an apex court verdict was not implemented.
The senior puisne judge stated that implementation of judgments was the structure of Constitution, as the top court draws the authority to decide the matters from the Constitution, which is the supreme law of the land, instead of any other document
“No one has the choice to call it (SC rulings) “wrong’ or ’not right”. The Constitution says that this is a judgment and it has to be implemented,” he said.
Justice Mansoor said those who have any objection to the Supreme Court’s verdict can change the entire structure of the Constitution, “but right now this is how it is”. He underlined that disregarding the apex court’s rulings was also “against the separation of powers”.
“Separation of powers is the core component of democracy which shouldn’t be disturbed. This is not a burden or a courtesy that you have to do, but a constitutional obligation that needs to be fulfilled.
“This is a delicate equilibrium which needs to be respected. We have an obligation to keep this equilibrium in balance and there shouldn’t be any executive overreach. No one has the choice or the prerogative to second guess if the judgment is right or wrong,” the justice said.
During the ceremony, which was focused on the implementation of judicial decisions and their challenges, Justice Shah also touched upon the protection of minority rights.
The senior judge asserted that the constitution of Pakistan guarantees equal rights to all citizens, including minorities, and that the Supreme Court will ensure these rights are upheld.
Justice Mansoor emphasised that the constitution provides robust protection for minorities, reflecting Pakistan’s commitment to tolerance and equality.
He referenced the Quranic principles and teachings of the Prophet Muhammad (PBUH), which advocate for the protection of religious freedoms and the rights of minorities. “Our constitution is designed to establish equality and social justice, in line with Islamic principles,” he said. The Supreme Court has a critical role in ensuring that judicial decisions are enforced, he added.
Justice Mansoor expressed his support for Justice Qazi Faez Isa, saying he is a colleague and friend, and highlighted the importance of following constitutional directives to maintain the integrity of the judicial system.
At the end of his address, Justice Mansoor reiterated that the protection of minority rights is a fundamental aspect of Pakistan’s constitution, which aligns with the teachings of Islam and the vision of Quaid-i-Azam Muhammad Ali Jinnah.
Copyright Business Recorder, 2024
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