Justice Shah again denied NOC to travel abroad

ISLAMABAD:

Once again, Chief Justice of Pakistan Yahya Afridi has refused to grant an NOC to senior puisne judge Mansoor Ali Shah to travel abroad to attend events.

It is learnt that last month, Justice Syed Mansoor Ali Shah was invited to attend Global Constitutionalism 2025 at Yale Law School, Yale University, USA from September 10 to 13.

Justice Shah was being invited for the past five years to attend the event, wherein senior judges from across the world engage in dialogue with leading scholars from Yale, Harvard, and Princeton.

This year, Justice Shah was supposed to present a paper on 'Artificial Intelligence and Judging'.

Even Yale Law School had formally written to CJP Afridi, seeking Justice Shah's official nomination. On August 6, Justice Shah also made the same request.

Later, the SC Registrar had responded to Yale Law School that the Supreme Court of Pakistan would not be in a position to facilitate participation of Justice Shah in the event.

Giving reason, the registrar said that the judicial year of the Supreme commenced on September 8 each year and this occasion is traditionally marked by significant institutional activities, including a comprehensive full court session of judges to review and strategise for the year ahead, as well as an interactive engagement with the legal fraternity.

It is also said that this year, the day assumes particular importance as the Supreme Court has recently promulgated a new edition of its Rules, establishing a more comprehensive, technology-driven framework for the Court's operations. In this context, the presence and participation of all judges in the opening of the Judicial Year is indispensable for collective deliberation, priority setting, and institutional direction.

"In view of these compelling commitments, the Supreme Court of Pakistan would not be in a position to facilitate participation of the Hon'ble Judge in your esteemed event. We deeply value our institutional and academic ties and remain hopeful of future opportunities for collaboration and engagement," says the letter written by SC Registrar to Yale Law School.

On August 15, Justice Shah wrote a letter to CJP Afridi to get his response of his request for NOC.

He had given several reasons to justify his visit abroad. Justice Shah said that he did not fully exhaust the summer vacations and during CJP Afridi tenure, he decided 3956 cases.

Likewise, Justice Shah said that neither is he a member of the Constitutional Bench or any administrative committee, and now that the court has a strength of 25 judges therefore, his temporary absence would in no way disrupt the functioning of the court.

Justice Shah said that his travel is scheduled to commence during the summer vacation (5th September) and conclude shortly thereafter (13th September).

Justice Shah has also told CJP Afridi that undue delay or unreasoned refusal in a matter of this nature risks creating the perception that some Judges are being penalized for holding independent views—particularly when leave has been granted to other judges for events of far less academic or professional standing.

"Such perceptions, whether accurate or not, can be deeply damaging to the credibility and collegiality of this Court. As the senior puisne Judge of the Supreme Court, I am making this request in the expectation that it will be dealt with in the fashion and with the courtesy it deserves", says Justice Shah letter.

Justice also told CJP that in case he does not decide his request then he would be constrained to share this correspondence with the inviting institutions so that they know why he is unable to travel and so that they may evaluate for themselves the transparency, collegiality, and respect for judicial independence within this court.

Justice Shah had also emphasised that the Supreme Court is not a regimented force like the civil service or the armed forces; it does not operate on a system of command and control but derives its strength from the independence of its judges.

"Restrictions, procedural hurdles, and delays of the kind encountered under your administration risk being perceived as measures intended to steer Judges towards compliance rather than independence—a course that would weaken the Court's constitutional foundations and corrode the very principles on which its authority rests", says the letter.

Despite Justice Shah letter, CJP Afridi had refused to issue NOC to him to travel USA.

It is also learnt that Justice Shah was also invited to speak at the New York City Bar Association on September 8 and to participate in an academic dialogue with Professor Noah Feldman at Harvard University on September 10.

This is not first time CJP Afridi did not allow him.

In February he 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 that week, Justice Shah also wanted to perform Umrah before the start 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.