Justice Mansoor Ali Shah Emphasizes Judicial Resilience and Accountability in Zulfikar Ali Bhutto Case
ISLAMABAD: Justice Syed Mansoor Ali Shah, a senior judge of Pakistan’s Supreme Court, has highlighted the judiciary’s strength and its role in overcoming past authoritarian challenges. His observations were detailed in a six-page note regarding the presidential reference on the murder trial of former Prime Minister Zulfikar Ali Bhutto.
Justice Shah emphasized that the judiciary’s resilience stems from the courage and integrity of judges who refuse to bow to external pressures and authoritarian regimes. “This resilience is deeply rooted in the bravery of those judges who stand firm and speak truth to power,” he stated.
Correcting Historical Judicial Mistakes
Justice Shah pointed out that Mr. Bhutto’s trial serves as a significant example of how judicial systems can be misused to further political and authoritarian agendas. He described the trial as a “judicial tool” that fortified the authoritarian regime of General Zia-ul-Haq by suppressing opposition and consolidating power.
Calling it a “political trial,” Justice Shah noted how such proceedings can be manipulated to stifle dissent and strengthen repressive regimes. He stressed that the judiciary must learn from such incidents to uphold its independence and protect democratic principles.
Judicial Independence as a Pillar of Justice
Justice Shah reiterated that judicial independence is fundamental to justice, emphasizing that its true test lies in standing firm against authoritarian overreach. “Judges must resist oppression and uphold their oaths, ensuring they are the first and last line of defense for the rule of law,” he remarked.
He also underscored the significance of transitional justice, acknowledging its role in correcting historical mistakes. However, he cautioned that justice delayed is justice diminished, urging judges to act decisively in real-time to prevent future damage.
Lessons from the Past: Justice Dorab Patel’s Example
Citing the example of Justice Dorab Patel, Justice Shah praised his courage in dissenting during Bhutto’s trial and refusing to take oath under General Zia’s Provisional Constitutional Order (PCO). Justice Patel relinquished his position rather than compromise on his principles, a decision that serves as a powerful reminder of judicial integrity, Justice Shah said.
“Losing a position is a small price compared to compromising one’s integrity or leaving behind a legacy of submission,” he added.
Call for Immediate Action Against Authoritarian Influence
Justice Shah concluded by urging judges to stand firm against authoritarian interference, stating that delays in confronting such challenges can erode the rule of law. “The judiciary’s role is to defend justice, not enable its erosion. Judges must resist and rectify authoritarian incursions immediately to uphold their duty to democracy and the rights of the people.”
This powerful statement underscores the importance of judicial independence and the courage required to protect the rule of law, even under the most challenging circumstances.
