Senior Puisne Judge of the Supreme Court of Pakistan, Justice Syed Mansoor Ali Shah, has officially disassociated himself from special benches formed under the Supreme Court (Practice and Procedure) Act 2023.
In a letter addressed to Chief Justice Qazi Faez Isa, who also chairs the committee under this Act, Justice Shah expressed his objections and concerns regarding the constitutionality of recent legal amendments.
Justice Shah cited his earlier letter from September 23, 2024, where he raised objections that were not included in the minutes of the 19th committee meeting.
He clarified that until a Full Court Bench determines the validity of Ordinance No. VIII of 2024, or the earlier committee structure is restored, he will refrain from participating in special benches formed by the new committee. Instead, Justice Shah emphasized that he would continue to hear cases involving ordinary litigants in regular benches to serve the larger public interest.
In his letter, Justice Shah referenced the importance of individual conscience in public duty, quoting Sir Thomas More from "A Man for All Seasons": “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.”
He reminded his colleagues that the people of Pakistan are closely observing their actions and that history holds them accountable.
The development raises significant questions regarding the ongoing debate over the constitutional validity of recent amendments and the composition of special benches in the Supreme Court.
