Supreme Court’s Senior Puisne Judge, Justice Mansoor Ali Shah, has stressed that implementing the top court’s decisions is a constitutional obligation, declaring that it is inconceivable that such rulings would go unenforced.
"Let it be clear that it is not possible for Supreme Court decisions to be ignored," Justice Shah stated at a conference in Islamabad marking the tenth anniversary of a landmark ruling on minority rights on Saturday.
Justice Shah warned that administrative institutions must understand they have no choice but to comply with Supreme Court rulings, stressing, "This is not my assertion, but what the Constitution demands. The Supreme Court derives its authority solely from the Constitution."
During his speech, Justice Shah clarified his role, stating, "I am the Senior Puisne Judge, not the Acting Chief Justice. Justice Qazi Faez Isa is my friend, and he is the Chief Justice of Pakistan."
He lamented the lack of implementation of the 2014 Supreme Court ruling on minority rights, expressing regret that this has become a recurring issue. "It is not possible for Supreme Court decisions to go unenforced, but unfortunately, this has become a pattern," he said.
Justice Shah also pointed out that delaying or rejecting judicial decisions would disrupt the entire legal system and the balance of the Constitution. "There is no choice but to implement these decisions, or else the entire constitutional framework would need to be altered."
He reiterated that implementing court decisions is not a favour or burden but a constitutional duty. "No one has the right to question the correctness of a decision once it has been made by the Supreme Court."
On minority rights, Justice Shah reaffirmed his commitment to ensuring the enforcement of the 2014 ruling, adding, "The Constitution guarantees full religious freedom to minorities."
He also called for interfaith dialogue in Pakistan, urging citizens to embrace tolerance for societal peace and economic progress. "Intolerance leads to unrest and division, while tolerance fosters development and job creation," Justice Shah remarked, urging the government to act on these principles.
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