Justice Mansoor petitions Chief Justice to publicly address pressing institutional issues

The upcoming judicial conference, scheduled for September 8, will mark the start of a new judicial year. The event will be attended by the Chief Justice of Pakistan (CJP), Yahya Afridi, and will also feature a significant discussion led by the most senior judge of the Supreme Court of Pakistan, Justice Mansoor Ali Shah.

Justice Shah has asked the CJP to address six questions publicly at the conference. These questions pertain to pressing institutional matters that have been causing concern for the judiciary.

One of the questions concerns the non-convening of the PaPA Committee, a body mandated by the Supreme Court (Practice and Procedure) Act, 2023, to deliberate on various court matters. Justice Shah, in his capacity as the most senior judge, emphasised that his letter was not a personal grievance but an institutional duty.

Another question pertains to the historic revision of the 1980 Rules, which was approved by circulation instead of through discussion and deliberation in a Full Court Meeting. This raises questions about the transparency and openness of the process.

A question has been posed about the policy on releasing dissenting opinions. It has been noted that this policy was adopted by soliciting individual opinions of the Judges instead of through open deliberation in a Full Court Meeting. This could potentially undermine the collective decision-making process of the court.

Justice Shah also raised a question about a General Standing Order on leave that subjects Judges to controls inconsistent with judicial independence and the Presidential Order of 1997. This could potentially infringe upon the independence of the judiciary, a fundamental principle in the functioning of the legal system.

In his letter, Justice Shah mentioned that he had previously sent multiple letters to the CJP but received no written or verbal response. He expressed his reluctance in writing the letter but felt it was necessary to discharge an unavoidable institutional duty.

However, Yahya Afridi, the Chief Justice of Pakistan's Supreme Court, has not publicly disclosed his responses to the six questions raised by Justice Mansoor Ali Shah. The conference will provide an opportunity for these issues to be addressed and for the judiciary to move forward with clarity and transparency.

The conference will not only determine priority areas for the coming year but will also review the reforms undertaken under the CJP’s leadership. These discussions are crucial for maintaining the integrity and effectiveness of the judiciary in Pakistan.