LAHORE: Supreme Court Senior Judge Justice Mansoor Ali Shah has raised significant reservations regarding the recently enacted Practice and Procedure Amendment Ordinance. In a letter addressed to the judges’ committee, Justice Shah emphasized that the full court had previously discouraged parliamentary interference in judicial matters.
“Any amendments to the Practice and Procedure Act should be made exclusively by the full court,” he stated, asserting the importance of judicial autonomy. He further announced that he would refrain from participating in committee meetings until it is restored to its original composition.
The controversy arose after Chief Justice Qazi Faez Isa appointed Justice Amin-Ud-Din Khan to a three-member judges’ committee, notably excluding Justice Munib Akhtar shortly after the ordinance was promulgated. Justice Shah questioned the rationale behind this decision, stating, “No reasons were provided for bypassing the next senior-most judge in favor of the fourth senior-most.”
He criticized the decision to issue an ordinance instead of seeking amendments through parliamentary channels, especially in light of the ongoing judicial crisis. “This approach undermines the dignity of the judiciary,” he remarked, describing it as a “cherry-picking” tactic that goes against the very principles the Act sought to uphold. Justice Shah concluded his letter by asserting that he cannot engage with the committee until the constitutional validity of the amendments is determined by a Full Court Bench or until the judges agree to address the amendments in a Full Court meeting on administrative matters. His concerns highlight the need for a transparent and respectful dialogue within the judiciary to maintain its integrity and authority
