Justice Mansoor refuses special bench role until Full Court review

Updated 25 Oct, 2024

ISLAMABAD: Justice Syed Mansoor Ali Shah made it clear that he will not participate in special benches formed by the Committee under Supreme Court (Practice and Procedure) Amendment Ordinance 2024 until Full Court Bench determines its validity.

Referring a quote from Sir Thomas More, he wrote; “We often forget, when in power, that people of this country are watching our actions, and that history never forgives.”

The senior puisne judge wrote a letter to the chief justice of Pakistan informing to disassociate from a bench for hearing of CRP 988/2023.

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“For the reasons recorded in my letter dated 23rd September 2024 sent to the Secretary of the Committee constituted under the Supreme Court (Practice and Procedure) Act 2023 (the content of which, inspite of my request, were not recorded in the minutes of the 19th Meeting of the Committee), I regret that I cannot be a part of the subject bench.”

Justice Mansoor, on September 23, in a three-page letter addressed to CJP Faez, objected to the changes made to the Supreme Court (Practice and Procedure) through the Ordinance. He criticised both the substance of the amendments and the process by which they were implemented.

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In his latest letter, Justice Mansoor made it clear that until the Full Court Bench determines the constitutional validity of the promulgation of the Ordinance No VIII of 2024 as well as of the amendments made thereby or the judges of the Court resolves to act upon these amendments in a Full Court meeting pending adjudication upon the constitutionality thereof, or the earlier Committee comprising the CJP and two senior most judges is restored, I will not participate in special benches formed by the new Committee and will only attend sittings of the regular benches to hear the cases of ordinary litigants in the larger public interest.

For the above reasons, he disassociated from the bench constituted in this matter.

“In the end, I am reminded of a quote from “A Man for all Seasons”, where Sir Thomas More says; “I think that when statesmen forsake their own private conscience for the sake of their public duties, they lead their country by a short route to chaos.” “We often forget, when in power, that people of this country are watching our actions, and that history never forgives,” the letter said.

Copyright Business Recorder, 2024

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