Five judicial officers, who were the members of senior puisne judge of the Supreme Court Justice Syed Mansoor Ali Shah in the Federal Judicial Academy (FJA), have been repatriated to their parent department which is the Lahore High Court.
"In exercise of powers conferred by sub-section (3) of Section 11 of the Federal Judicial Academy Act, 1997 (XXVIII of 1997), the Hon'ble Chief Justice of Pakistan/Chairman, Board of Governors of the Federal Judicial Academy is pleased to repatriate the Judicial Officers, currently posted at Federal Judicial Academy, Islamabad on deputation, to their parent department," says the notification issued by Director General FJA Hayat Ali Shah on the instruction of CJP Yahya Afridi.
These judicial officers are District and Sessions Judge Jazeela Aslam, Additional District and Sessions Judge Muhammad Amir Munir, Additional District and Sessions Judge Dr Rai Muhammad Khan, Additional District and Sessions Judge Raja Jahanzaib Akhtar and Civil Judge/Judicial Magistrate Shazia Munawar Makhdoom.
The officers shall report to the Lahore High Court on availing usual joining time, as admissible under the rules. Their repatriation is being considered as result of ongoing clash between CJP Afridi and Justice Shah who is also replaced with Justice Miangul Hassan Aurangzeb as in charge of the FJA.
The relationship between two top SC judges are not cordial for the last couple of months. Even there are reports that Justice Shah did not attend Iftar dinner given by CJP Afridi at CJP house last week. One source claims that Justice Shah and Justice Athar Minallah were not invited at the dinner.
Earlier, Justice Syed Mansoor Ali Shah could not fly to Saudi Arabia for attending two events at the arbitration for want of ex- Pakistan leave.
Justice Shah was invited to deliver key notes at two events at the Arbitration week in Riyadh, Saudi Arabia organised by the Al Baraka Forum and the Organization of Islamic Cooperation- Arbitration Center (OIC-AC).
During the week, Justice Shah also wanted to perform Umrah before the start of the holy month of Ramazan.
The senior puisne judge had made a request to CJP Yahya Afridi for ex-Pakistan leave well in time, which remained unanswered, compelling Justice Mansoor to cancel his trip to Saudi Arabia as his leaves could not be sanctioned.
Likewise, four justices, who opposed the elevation of high court judges to the apex court, have been removed from key administrative committees under CJP Yahya Afridi's restructuring plan.
CJP Afridi reconstituted several committees, replacing senior justices with junior ones. Those excluded from critical roles included Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Ayesha Malik, Justice Athar Minallah and Justice Aqeel Ahmad Abbasi.
Lawyers consider that this is clash between beneficiaries and aggrieved judges of 26th constitutional amendment.
Had CJP Afridi constituted a full court to hear petitions against the 26th Constitutional Amendment, the situation might have been differently, said the legal experts.
Two judges, Justice Mansoor Ali Shah and Justice Munib Akhtar, who formed the majority in the relevant committee, had ordered the constitution of a full court to hear the petitions in the first week of November.
However, instead of listing the case, CJP Afridi convened a meeting of the Judicial Commission of Pakistan (JCP) to select judges for the constitutional bench. The constitutional bench has yet to decide petitions against 26th constitutional amendment.
Subsequently, a three-judge bench led by Justice Shah had raised question if the regular bench could be barred to adjudicate the matters related to the interpretation of law and Constitution after 26th Constitutional Amendment.
However, the case was withdrawn from that regular bench by the committees.
A division bench of the apex court led by Justice Syed Mansoor Ali Shah held that the members of both committees violated the judicial order and withdrew the case from regular bench. The bench remarked that committees' members have committed the contempt; therefore, the full court should be constituted to initiate the proceedings.
However, the members of constitutional bench were visibly upset and they set aside the regular bench's judicial orders. Recently, the federal government also filed intra court appeals against regular bench orders in contempt matter.
Lawyers believe that clash among SC judges intensified after the issuance of contempt notice to Additional Registrar Nazar Abbas.
They also say that if the clash among senior SC judges continues, the superior judiciary will be further weakened and the situation will be favourable for the beneficiaries of 26th Constitutional Amendment.
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