Supreme Court (SC) senior puisne judge Justice Mansoor Ali Shah has said he would not become part of the special bench until and unless a full court was formed on the amendments ordinance, reported 24NewsHD TV channel on Thursday.
In a letter to Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, Justice Mansoor Shah wrote that people were witnesses to the conduct of the SC judges. “And we must bear this thing in mind that history never forgives,” he asserted.
Justice Mansoor Shah expressed his regret at sitting on special or larger benches formed by the committee constituted after amendments to the Supreme Court Practice and Procedure Act 2023 through a presidential ordinance last month.
In a letter addressed to the committee, led by Chief Justice of Pakistan Qazi Faez Isa, Justice Shah highlighted his concerns over the formation of the benches, pointing out the public's perception of judicial actions.
"We often forget, when in power, that people of this country are watching our actions, and that history never forgives," Justice Shah remarked in his letter.
Justice Shah, who was superseded for the position of the next CJP, penned the letter after recusing himself from a special bench set to review a matter. He cited the reasons recorded in his previous letter, dated September 23, 2024, to the committee's secretary, which, he noted, were not included in the minutes of the committee's 19th meeting.
"For the reasons recorded in my letter dated 23 September 2024 sent to the Secretary of the Committee constituted under the Supreme Court (Practice and Procedure) Act 2023 (the contents of which, in spite of my request, were not recorded in the minutes of the 19th Meeting of the Committee), I regret that I cannot be a part of the subject Bench," stated the letter.
Justice Shah further clarified that until the constitutional validity of the ordinance's promulgation and the amendments therein are determined by a full court bench, or until the judges of the top court resolve to act upon the amendments in a full court meeting, he will refrain from participating in special benches formed by the new committee.
He said he would only attend sittings of the regular benches to hear the cases of ordinary litigants in the larger public interest.
He also indicated that he would not rejoin these benches unless the earlier committee, which comprised the CJP and the two senior-most judges, is restored.
He quoted Sir Thomas More from A Man for All Seasons: "I think that when statesmen forsake their own private conscience for the sake of their public duties, they lead their country by a short route to chaos."