ISLAMABAD – Chief Justice of Pakistan Qazi Faez Isa responded to a letter from the Supreme Court’s senior-most judge, Justice Mansoor Ali Shah, the sources close to the development said on Thursday.
In a detailed four-page letter, CJP Isa noted that Justice Yahya Afridi had declined an invitation to join the judges’ committee, which led to the appointment of Justice Aminuddin Khan instead.
The Chief Justice provided 11 reasons for not including Justice Muneeb Akhtar in the committee and characterized the actions of the senior judges as unduly harsh. He emphasized that this decision was made at the insistence of Justice Mansoor, asserting that the law prohibits questioning the Chief Justice’s choice of judges for the committee.
In his correspondence, CJP Isa reaffirmed his dedication to accountability and transparency while clarifying the rationale for excluding Justice Muneeb Akhtar.
Previously, Justice Mansoor Ali Shah had declined to attend a meeting of the Supreme Court’s Practice and Procedure Committee, raising concerns regarding the presidential ordinance and the exclusion of Justice Muneeb Akhtar.
In his letter, Justice Mansoor argued that the Constitution grants Parliament the authority to legislate and allows the Supreme Court to set its own rules. He highlighted that the existing committee could have continued its functions despite the ordinance being issued.
He further questioned the expedited formation of a new committee without clear justification and asked why the Chief Justice did not select the second or third senior-most judges for this role.
Justice Mansoor also inquired why only the fourth senior-most judge was included in the committee, asking if the Chief Justice would clarify the reasoning behind this choice.
His letter asserted that the ordinance violates constitutional and democratic principles, creating a “one-man show” within the Supreme Court, and contradicts Article 191 of the Constitution as well as the Supreme Court’s full court decision.
The Supreme Court (Practice and Procedure) Amendment Ordinance 2024 was enacted following President Asif Zardari’s signature on September 20, after it received approval from Prime Minister Shehbaz Sharif and the federal cabinet.
