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

The Chief Justice of Pakistan, Qazi Faez Isa, has authored a comprehensive reply to Justice Mansoor Ali Shah addressing his concerns pertaining to the Practice and Procedure Committee.

Justice Mansoor had previously articulated reservations about the committee, questioning the exclusion of Justice Munib Akhtar. Furthermore, the senior-most judge of the Supreme Court had declined to attend the Supreme Court Practice and Procedure Committee’s meetings, citing apprehensions regarding the presidential ordinance constituting the committee.

In his response, Chief Justice Isa provided a thorough explanation, though the letter’s details remain confidential as per a local news outlet. Sources revealed that Chief Justice Isa enumerated eleven reasons for not including Justice Munib Akhtar in the Practice and Procedure Committee, referring to his strict demeanor towards senior judges.

Explaining further, Chief Justice Isa mentioned that Justice Yahya Afridi was initially invited to join the committee but recused himself, leading to the inclusion of Justice Aminuddin Khan.

Chief Justice Isa also highlighted that Justice Munib Akhtar had opposed the Practice Procedure law and declined participation in committee meetings during the court’s summer recess, citing his non-availability. The Chief Justice addressed concerns over Justice Munib’s behavior in the committee, deeming it inappropriate and noting his departure from a meeting. According to the Chief Justice, the law mandates urgent cases to be heard within fourteen days, and Justice Munib’s absence posed a challenge to this requirement.

CJ Isa reiterated that, according to the law, no judge can dispute the Chief Justice’s decision on committee appointments.

This statement follows the recent removal of Justice Munib Akhtar from the committee, which Justice Mansoor addressed in his letter to the Chief Justice.

Prior to this, Justice Syed Mansoor Ali Shah had voiced significant objections to the Supreme Court’s Practice and Procedure Ordinance, detailing his concerns in a comprehensive three-page letter.

The letter, sent to the reconstituted committee on Monday, criticizes both the content of the amendments and the manner in which they were enacted.

Following the enactment of the ordinance on amendments in the Practice and Procedure Act 2023, CJP Isa reconstituted the committee, including Justice Aminuddin Khan as a third member, replacing Justice Munib Akhtar.

Justice Aminuddin Khan is the fifth most senior judge of the Supreme Court. Notably, Justice Yahya Afridi, the fourth most senior judge, was also not included in the committee.

Justice Mansoor Ali Shah began by expressing concern over the rapid reconstitution of the Practice and Procedure Committee shortly after the ordinance was enacted.

He emphasized the lack of transparency in Justice Munib Akhtar’s removal from the committee, stating, ‘No reasons were provided for the removal of the second most senior judge, Justice Munib Akhtar, who had been participating in all meetings since March 11, 2024, and was available for today’s meeting.’

Justice Mansoor further criticized the arbitrary inclusion of a less senior judge in the committee, describing it as ‘unfortunate cherry-picking’ that undermines democratic principles.