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Chief Justice responds to Justice Mansoor’s concerns over Practice and Procedure Committee

Chief Justice Isa Explains Exclusion of Justice Munib Akhtar from Key Committee

Chief Justice of Pakistan (CJP) Qazi Faez Isa has responded to concerns raised by Justice Mansoor Ali Shah regarding the composition of the Supreme Court’s Practice and Procedure Committee, addressing the exclusion of Justice Munib Akhtar.

Justice Mansoor Ali Shah had previously expressed reservations about the committee’s formation and questioned why Justice Munib Akhtar, the second most senior judge, was excluded from participating.

In a detailed reply, the contents of which remain undisclosed, Chief Justice Isa reportedly outlined 11 reasons for not including Justice Munib Akhtar. Sources suggest that one key reason cited was Justice Munib’s strict demeanor towards senior judges, which led to his exclusion.

According to reports, Chief Justice Isa explained that Justice Yahya Afridi was initially invited to join the committee but opted out, leading to the inclusion of Justice Aminuddin Khan in his place. Justice Aminuddin Khan, the fifth most senior judge of the Supreme Court, replaced Justice Munib Akhtar after the latter reportedly refused to participate in committee meetings during the court’s summer recess, citing unavailability.

Chief Justice Isa expressed concern over Justice Munib Akhtar’s conduct during committee meetings, noting that the justice had previously walked out of a meeting. CJP Isa highlighted the importance of the committee, particularly for addressing urgent cases, which must be heard within 14 days under the law. He emphasized that Justice Munib’s absence from key meetings had hindered this obligation.

Additionally, the Chief Justice noted that, by law, no judge has the authority to challenge the Chief Justice’s decisions regarding appointments to the committee.

The correspondence follows the recent restructuring of the Practice and Procedure Committee, which removed Justice Munib Akhtar, sparking questions from Justice Mansoor Ali Shah.

Justice Mansoor Ali Shah had earlier voiced concerns over the sudden reformation of the committee following the introduction of amendments to the Practice and Procedure Act 2023. In a three-page letter, he criticized the lack of transparency behind Justice Munib Akhtar’s removal and questioned the selection process for the new members. He argued that replacing the second most senior judge with a less senior member undermines democratic values, calling the move “unfortunate cherry-picking.”

Justice Mansoor expressed his alarm over the speed of the reconstitution, which took place shortly after the amendments were made official, and emphasized that Justice Munib Akhtar had consistently attended all meetings since March 2024 and was available for further sessions.

The exchange highlights ongoing internal debates within the Supreme Court over the structure and functioning of the Practice and Procedure Committee.

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