One judgment cost Justice Mansoor CJP's robes

Real purpose of 26th amendment becomes clear as day

ISLAMABAD:

Just as they intended, the ruling political parties went straight past the two senior most judges of the Supreme Court to appoint their favoured candidate. The judge known for his independent mind, Justice Syed Mansoor Ali Shah, has been superseded and will not be the next chief justice of Pakistan (CJP).

The fact that the real purpose of this constitutional amendment has been to supersede Justice Shah and Justice Munib Akhtar is now clear for all to see. Justice Shah has fallen victim to the ego of those in the corridors of power.

Another factor that hasn't helped his cause is that he has been on the wrong side of incumbent chief justice of Pakistan CJP Qazi Faez Isa after the July 12 judgement in the reserved seats case.

Soon after this order, Justice Shah was removed from Alternate Dispute Resolution (ADR) committee by CJP Isa. He was tested through the fixation of maters like the Arshad Sharif murder, and 9th May accused bail cases.

CJPs Isa's role in facilitating the process for the 26th constitutional amendment, which became the basis of superseding Justice Shah, cannot be denied.

Interestingly, Justice Shah faced a tough time during the PTI government on account of his support for Justice Isa. There was a time when he was in the good books of the PDM government, but now he is being punished for that one ruling in the reserved seats case.

After the majority judgement in the reserved seats case, ruling political parties and powerful circles were out for blood as the government lost two-thirds majority in parliament. Ever Since ex-CJP Umar Ata Bandial, there has been a plan in the Centre to control the judiciary.

The present government's ideal scenario was to extend the tenure of incumbent CJP Isa. However, its hopes were dashed after the July 12 order. It was ultimately realised that Justice Isa could not keep the judges united for long.

Another reason for removing Justice Shah was that he was unwilling to meet any government functionaries except the attorney general for Pakistan from July to September.

Formed Sindh High Court Bar Association President Salahuddin Ahmed said it is unfortunate that the parliamentary committee has decided to bypass Justice Mansoor Ali Shah. Ahmed says he is not only the most senior but also an extremely competent and reform-minded judge.

"As expected, the ruling parties have done their best to send a message to all judges. They must always try and appease the government," he adds.

Salahuddin Ahmed states that Justice Yahya Afridi is an independent, and honourable gentleman who would deserve to become CJ in due course. "It would be an excellent precedent if he were to decline the offer, and send a message that the judiciary will not participate in the ruling parties' effort to sow dissensions among judges," he concludes.

Advocate Abdul Moiz Jaferii also said that it is shocking to him that the majority chose Justice Afridi over Justice Shah. It will be even more shocking if Justice Afridi accepts this appointment, he adds.

Jaferii further states that the government had a chance here to avoid a full-fledged lawyers movement. It had a chance to divide opinions and make its objectives look subtle. Instead, it decided to take the no-risk route, like Justice Qazi and the bench he assumed for the 63-A case. Qazi Faez Isa was ridiculed for his pretend piety. The government will be pilloried for it, he adds.

He also wondered how proportional representation of the current parliament leads to four seats for the PMLN three for the PPP and one for the MQM against three for the PTI.

"Unless you’ve counted in contempt of the reserved seats judgment; this formula cannot stand. They needed to pick and drop senators and MNAs to get a two-thirds majority. How can a proportional representation without any floor-crossing give them the two-thirds majority or 8 out of 12, he adds.