Senior Puisne judge of the Supreme Court, Justice Mansoor Ali Shah has shared the reasons for his absence from Chief Justice Qazi Faez Isa’s Full Court Reference through a letter sent to the apex court's Registrar's Office, reported 24NewsHD TV channel on Friday.
In his letter, Justice Mansoor Ali Shah maintained that he did not attend former CJP Saqib Nisar’s reference because he overstepped his authority and would also not attend Chief Justice Qazi Faez Isa’s Full Court Reference as he has more worrying reasons.
“When Saqib Nisar overstepped the boundaries of his constitutional role and ventured into matters beyond his jurisdiction, I made the decision not to attend his reference and placed my reasons through a letter,” Justice Shah said and added “Today, I find myself compelled to make the same decision, though for different but more worrying reasons.”
Justice Mansoor Ali Shah stated that the duty of a Chief Justice is to defend the judiciary’s independence. He emphasized that the Chief Justice’s role is to safeguard public rights and secure justice for all.
Justice Shah requested that his letter be placed on the record of the Full Court Reference.
He said Chief Justice Qazi Faez Isa remained complacent and indifferent to external influences and pressures on the judiciary. “Chief Justice Qazi Faez Isa acted like an ostrich with his head in the sand,” he added.
Justice Shah said Chief Justice Qazi Faez Isa opened the doors of interference and betrayed the sacred role of the judiciary while he failed to create harmony among the judges.
Following is the text of the letter:
- It is a deeply held tradition across the world to honor an outgoing Chief Justice with a Reference—a ceremonial acknowledgement of their service, leadership, and dedication to upholding the judiciary's integrity. However, traditions, like institutions, rely on the merits of those who embody them.
- Earlier when former Chief Justice Mian Saqib Nisar overstepped the boundaries of his constitutional role and ventured into matters beyond his jurisdiction, I made the decision not to attend his Reference and placed my reasons through Lotter dated 17 January, 2019 on the record of the reference proceedings. Today, I find myself compelled to make the same decision, though for different but more worrying reasons.
- The proper role of a Chief Justice is to safeguard the rights of all people—defend the independence of the judiciary and secure justice for all. Chief Justice Qazi Faez lsa, like an ostrich, with his head in the sand, remained complacent and indifferent to external influences and pressures on the judiciary. Instead of standing as a bulwark against interference, he opened the gates wide, betraying the judiciary's sacred role as a check and balance on power. He showed neither the courage nor the moral fortitude to defend the judiciary rather ceded ground to those who sought to weaken the courts for their own gain thereby compromising the very foundation of the rule of law.
- His actions have displayed a blatant disregard for the collegiality and respect essential to maintaining judicial harmony. Through a pattern of self-righteousness, he consistently failed to engage in dialogue and refused to lead with the consensus-building that is the hallmark of judicial leadership. He has little regard for the judgements of this Court and has contemptuously and unashamedly suggested that they may not be implemented by the Executive. He has fostered bitter divisions and fractured relationships of colleagues within the Court leaving scars on the judiciary that will last long. His tenure will be defined by pettiness, vindictiveness, and a lowly approach to administrative matters, having no grace or humility.
- To stand a Reference and celebrate such a tenure would send a message that a Chief Justice can betray his institution, erode its strength, act petty and low, and still be celebrated as an honorable servant of justice. I am sorry, I in good conscience, cannot stand at a Reference for such a Chief Justice.
Reporter Amanat Gishkori