Senior Supreme Court judge, Justice Syed Mansoor Ali Shah, has raised serious concerns about recent amendments to the Supreme Court’s Practice and Procedure Ordinance.
In a detailed three-page letter addressed to the newly reconstituted committee, Justice Shah criticized both the amendments and the process by which they were introduced.
The amendments, made under the PML-N-led government, grant Chief Justice Qazi Faez Isa the authority to form benches and assign high-profile cases by nominating judges of his choice. These changes were made through the Supreme Court Practice and Procedure Act 2023, which was amended last Friday.
Following the amendments, Chief Justice Isa reconstituted a committee, adding Justice Aminuddin Khan, the fifth most senior judge, and removing Justice Munib Akhtar. Notably, Justice Yahya Afridi, the fourth most senior judge, was not included in the committee.
Justice Shah expressed concern over the sudden reconstitution of the committee, which occurred just hours after the ordinance was issued. He pointed out that no explanation was provided for Justice Munib Akhtar’s removal, despite his consistent participation in committee meetings since March 2024.
Shah criticized the inclusion of a less senior judge in place of Justice Akhtar, calling it “unfortunate cherry-picking” and warning that it undermined democratic principles.
“The selective inclusion of committee members reflects an undemocratic and one-man show approach, which contradicts the very purpose of the Act,” Justice Shah remarked, referencing the Supreme Court’s previous stance against such practices.
Justice Shah also emphasized the importance of collegial decision-making within the judiciary, a principle he argued was compromised by the changes. He expressed concern that concentrating administrative powers in the hands of the Chief Justice alone contradicts the ideals of democratic governance and fairness.
Moreover, Justice Shah questioned the urgency of the ordinance’s promulgation, noting that it bypassed parliamentary debate. He argued that no urgency justified the ordinance, calling for a full court meeting to review its implications.
“The independence, transparency, and collegiality of the judiciary required immediate concern over the promulgation of this ordinance,” he wrote.
In his letter, Justice Shah further warned that any decisions made by the newly reconstituted committee could affect the court’s credibility and violate previous Full Court Bench decisions.
He concluded by reaffirming his commitment to judicial independence, stating that he would refrain from participating in committee meetings until the constitutional validity of the amendments was determined by the Full Court.
Justice Shah’s letter highlights growing internal tensions within the judiciary, raising important questions about maintaining a balance of power in Pakistan’s highest court while ensuring transparency and independence in the face of political and administrative pressures.
