Supreme Court Senior Puisne Judge Justice Syed Mansoor Ali Shah on Monday recused himself from participating in the committee established under newly approved the Supreme Court Practice and Procedure (Amendment) Ordinance.
The senior SC judge wrote a letter to the judges committee and explained his refusal to join the committee.
Justice Syed Mansoor Ali Shah also mentioned that the decision to form the Practice and Procedure Act was made by the full court, and any amendments to the Act could only be made through a full court bench or a full court meeting.
In his letter, the judge further said that he could not attend meetings until the previous committee, led by Chief Justice Qazi Faez Isa, is restored.
Justice Mansoor Ali Shah wrote that the Practice and Procedure Ordinance was introduced hastily and requested that his letter be included in the minutes of the meeting.
The senior puisne judge highlighted that a full bench of the Supreme Court affirmed the constitutional validity of the Act in the Raja Amer case, stating:
(i) Article 191 of the Constitution of Pakistan grants the Supreme Court the primary authority to establish rules governing its practice and procedures. The Legislature’s power to legislate in this area serves primarily as a safeguard, exercised only when absolutely necessary for the public good.
(ii) The Act has improved access to justice, enhanced transparency, and strengthened the effectiveness of Fundamental Rights, while also reinforcing the independence of the Supreme Court.
The judge emphasized that, with foresight, the Court has effectively prevented any future attempts by Parliament to interfere with judicial independence under the Act. It asserted that any amendments aimed at undermining the judiciary’s autonomy would be addressed by the Court, which serves as the protector of the Constitution.
Supreme Court Practice and Procedure (Amendment) Ordinance
Last week, the federal cabinte approved the Supreme Court Practice and Procedure (Amendment) Ordinance, President Asif Ali Zardari signed it while Chief Justice Qazi Faez Isa took a swift action and replaced Justice Munib Akhtar with Justice Amin-ud-Khan.
