'Defying SC order is defying Constitution'

Justice Mansoor says those who want to disregard SC ruling must first change Constitution

Supreme Court's senior puisne judge Syed Mansoor Ali Shah has said implementation of court verdicts is not a favor but a constitutional obligation of the executive institutions, and a disregard of a court verdict is tantamount to violation of the Constitution.

"The Supreme Court is the final authority in the resolution of disputes. Once the Supreme Court has made a decision, it must be implemented," Justice Shah, who is likely to become the next chief justice of Pakistan after the retirement of incumbent CJ Qazi Faez Isa on October 25, said on Saturday.

The judge was addressing a conference titled "Overcoming the Implementation Challenge to Court Verdict(s)" organized by the Centre for Social Justice (CSJ) to commemorate the 10th anniversary of the landmark judgment on minorities' rights.

Justice Mansoor Ali Shah stated that implementing court decisions is not a favor, but a mandatory constitutional requirement. "The Supreme Court decisions must absolutely be enforced, and it is inconceivable that they wouldn't be. Not following Supreme Court decisions would be unconstitutional."

He said compliance with the Supreme Court's rulings is not just a tradition but a necessary obligation derived directly from the Constitution. He said the Constitution states that a decision must be made and implemented, "and that's the way it is".

Justice Shah was the author of the brief majority verdict of a Supreme Court full-bench which on July 12 resurrected by the PTI as a parliamentary party and paved the way for it to reclaim reserved seats for women and minority members in the national and provincial legislatures.

 

While filing review petitions against the verdict, the PML-N led government hurriedly amended the country's election law to undo the SC ruling and put hurdles in the way of the PTI to get reserved seats.

The judge said: "If there's a desire to create a new system, then go ahead, but the current system won't work that way, and the entire structure would have to be changed. According to the Constitution, respecting the decision is also essential, and it is our duty."

He noted that no one has the choice to judge whether a decision is right or wrong; that authority lies solely with the Supreme Court. "Whatever decision the Supreme Court makes must be accepted, and that is the system of this country," he added.

Justice Shah took note of the implementation challenges to the court's landmark verdict on minority rights, and assured the minority communities that the SC will ensure that the judgment on minorities' rights is fully complied with in letter and spirit.

He said in Pakistan, 96.3% of the population is Muslim, with Hindus and Christians each making up 1.6%, while other religions account for less than 1%. "Though minorities are fewer in number, the Constitution grants them equal rights alongside Muslims."

He said there is no need for minorities to feel concerned, as the international reports regarding Pakistan are not accurate. The judiciary has seen notable figures from minority communities, including prominent judges like Justice Cornelius, Dorab Patel, Rana Bhagwandas, and Rustam Sohrabji Sidhwa.

Justice Shah said Islam teaches us to uphold the rights of minorities while the Constitution of Pakistan also provides protection to minorities. "Our founding father, Quaid-e-Azam Muhammad Ali Jinnah, stressed the importance of minority rights,"

He said for guidance on minority rights, he looks to the Holy Quran, which states that there should be no compulsion in religion.

"The Constitution allows all religions the freedom to worship and clearly states that Pakistan is a democratic country based on social justice and Islamic principles.

"The Supreme Court has also ensured the implementation of a 5% quota system for minorities. There is a need for interfaith harmony discussions, as all religions provide space for others, so why don't their followers do the same? Society must embrace tolerance," he added.

Justice Shah said state institutions must effectively implement constitutional provisions to protect minorities from violence and violations.

"They must introduce strategies and policies to promote social harmony and tolerance, protect the religious and cultural heritage of all communities, and establish institutions to address the grievances of minorities," he added.

Speaking on the occasion, the head of a one-man commission on minority rights, Dr Shoaib Suddle, said the court orders on minorities' rights have not been fully complied with, and the commission has also been facing challenges due to the lack of progress made by government institutions.

He said an implementation bench of the Supreme Court must be constituted to carry out regular proceedings and empower the one-man commission with powers of contempt which will contribute to improving the implementation of the judgment.

At the conference, the CSJ's assessment report "A Decade of Non-Compliance" was also launched.

According to the report, none of the original seven directions issued by the Supreme Court were fully complied with by either the federal or provincial governments despite 34 hearings by an SC implementation bench which issued a total of 89 supplementary directions over the last decade.

The report revealed that the Sindh government achieved the highest compliance score with 9 out of 25, followed by the Punjab government with an 8/25 score.

Balochistan and Khyber Pakhtunkhwa governments achieved implementation scores of 6/25 and 5/25 respectively. The federal government had the lowest compliance score, reflecting stalled progress in adhering to court directions, said a statement.