Chief Justice responds to Justice Mansoor’s concerns over Practice and Procedure Committee

Chief Justice of Pakistan Qazi Faez Isa has written a detailed response to Justice Mansoor Ali Shah, addressing his concerns over the Practice and Procedure Committee.

Justice Mansoor had earlier expressed reservations about the committee and raised questions about the exclusion of Justice Munib Akhtar.

Additionally, the senior-most judge of the Supreme Court, had also refused to attend the Supreme Court Practice and Procedure Committee’s meetings and voiced concerns over the presidential ordinance regarding the committee’s formation.

He had also questioned the reasons behind the removal of Justice Munib Akhtar from the committee.

In his reply, Chief Justice Isa provided a detailed explanation, though the contents of the letter remain undisclosed, a local news outlet reported. Sources indicated that CJ Isa cited 11 reasons for not including Justice Munib Akhtar in the Practice and Procedure Committee, pointing to his stern conduct towards senior judges.

In his response, Chief Justice Isa explained that Justice Yahya Afridi was initially invited to join the committee but had excused himself. As a result, Justice Aminuddin Khan was included in his place.

Chief Justice Isa further clarified that Justice Munib Akhtar had opposed the Practice Procedure law and had refused to participate in committee meetings during the court’s summer vacation, citing his unavailability.

The Chief Justice expressed concern over Justice Munib’s conduct in the committee, describing it as inappropriate, and noted that Justice Munib had walked out of a meeting.

According to the Chief Justice, the law requires urgent cases to be heard within 14 days, and Justice Munib’s absence had been a challenge to this commitment.

CJ Isa further emphasised that, by law, no judge can challenge the Chief Justice’s decision regarding committee appointments.

The exchange follows the recent exclusion of Justice Munib Akhtar from the committee, which Justice Mansoor questioned in his letter to the Chief Justice.

Previously, Justice Syed Mansoor Ali Shah had voiced strong objections to the Supreme Court's Practice and Procedure Ordinance, outlining his reservations in a detailed three-page letter.

The letter, addressed to the reconstituted committee on Monday, criticises both the substance of the amendments and the process by which they were implemented.

Soon after the promulgation of the ordinance on amendments in the Practice and Procedure Act 2023, CJP Isa reconstituted a committee wherein Justice Aminuddin Khan had been included as a third member by ousting Justice Munib Akhtar.

Justice Aminuddin Khan is the fifth most senior judge of the SC. Interestingly, Justice Yahya Afridi, who is the fourth most senior, has also not been included in the committee.

Justice Mansoor Ali Shah began by expressing alarm at the hasty reconstitution of the Practice and Procedure Committee, which took place just hours after the amending ordinance was promulgated.

He highlighted the lack of transparency in the removal of Justice Munib Akhtar from the committee, stating, "No reasons were given as to why the second senior-most judge, Justice Munib Akhtar, was removed from the composition of the Committee, who had been attending all the meetings since March 11, 2024, and was available for attending today's meeting."

The justice further criticised the arbitrary inclusion of a less senior judge in the committee, describing it as "unfortunate cherry-picking" that undermines democratic principles.