Justice Shah skips CJ Isa's farewell reference over 'divisions sowed within judiciary'

Justice Mansoor Ali Shah stated in a letter to Supreme Court Registrar that he will not attend the farewell reference for the outgoing Chief Justice Qazi Faez Isa.

Justice Shah explains that it is universal custom to hold a farewell event to acknowledge the departing Chief Justice’s contributions. Traditions within institutions, he noted, rely on the merits of individuals, Express News reported.

In his letter, Justice Shah explained that he decided against attending ex-CJP Saqib Nisar's reference because 'he had exceeded the limits of his constitutional role.'

He had previously explained his decision to skip Justice Saqib Nisar's farewell reference in a letter dated January 17, 2019. He reiterated that he would also not be attending Chief Justice Qazi Faez Isa’s reference.

Justice Mansoor Ali Shah cited his reasons for not attending Chief Justice Qazi Faez Isa’s farewell event, adding that he found these reasons particularly troubling and felt compelled to stay away from Justice Isa’s reference.

He explained that the Chief Justice’s role is to protect the rights of the people, uphold judicial independence, and ensure justice for all.

In his letter, Justice Shah expressed that Chief Justice Isa has, 'like an ostrich with its head in the sand, ignored external influences and pressures on the judiciary and has opened the doors to interference.'

According to him, 'Justice Isa failed to maintain checks and balances and did not show the courage to defend the judiciary, thereby giving ground to forces that seek to weaken it.'

Justice Shah further wrote that 'Chief Justice Isa failed to establish necessary respect for judicial harmony and tolerance, alleging that he engaged in complicity that interfered with the judiciary.'

He added that the 'Chief Justice showed no regard or respect for judicial decisions.'

He remarked in the letter that the 'Chief Justice disgracefully suggested that rulings need not be implemented. Justice Isa sowed divisions among his fellow judges, which would have long-lasting impacts on the judiciary.'

Justice Shah concluded by stating that attending the full-court reference and celebrating this era would send a message 'that the Chief Justice could degrade the institution and still be regarded as an honourable servant to the judiciary.'

He emphasised that he would not participate in a reference for such a Chief Justice.