Justice Shah in the eye of the storm amid deepening SC cracks

Express Tribune

28-01-2025

ISLAMABAD:
As cracks deepen within the Supreme Court and the constitutional bench expresses visible discontent over the regular bench's initiation of contempt proceedings, legal experts believe Justice Syed Mansoor Ali is caught between internal strife and 'external malignant' forces.
Former additional attorney general Tariq Mahmood Khokhar opines that Justice Shah's presence on the bench has incited fear within certain quarters.
"His nemesis is the illusion of the establishment. They are petrified that the senior puisne judge has an agenda," Khokhar said.
Khokhar elaborated that certain forces believe Justice Shah aims to undo the 26th Amendment, nullify unrepresentative legislatures and ordain the rule of law, judicial independence, and parliamentary democracy.
He further noted that it was also anticipated that Justice Shah may deliver justice to incarcerated former prime minister Imran Khan and his embattled party, PTI. However, he noted that such fears were implausible for an institution under their control.
He dismissed such notions, saying that Justice Shah is "neither a revolutionary nor does he seek martyrdom or confrontation with the establishment." Instead, he described him as "a learned, honourable, honest, conscientious and decent man of impeccable integrity" committed to delivering justice per his oath and the Constitution.
"We have a national crisis, national tragedy or national
farce based on delusions," Khokhar added.
A flawed strategy?
However, not all legal experts agree with Justice Shah's approach to addressing issues related to the 26th constitutional amendment.
A senior lawyer, while choosing to remain anonymous, criticised Justice Shah's strategy, warning that it risked alienating fellow judges instead of fostering unity.
"In my opinion, the strategy adopted by Justice Shah is flawed. It will offend and divide judges when they need to be united. There is also no reaction from the lawyers or public pressure. In such matters, a well-thought strategy is essential," he said.
Meanwhile, some lawyers are critical of the constitutional bench for overturning judicial orders issued by the regular bench.
The lawyers allege that efforts were underway to isolate Justice Shah within the SC, potentially forcing him to resign.
It is noteworthy that Justice Shah's relationship with former CJP Qazi Faez Isa and his like-minded judges took a turn for the worse after the reserved seats case judgment. The ruling ultimately sealed the deal on Justice Shah not being appointed as the next CJP.
The majority of ex-CJP Isa's like-minded judges now sit on the constitutional bench, further complicating matters.
A number of judges also lent their support in pushing through the 26th Amendment, giving it a helping hand when it counted.
Barrister Asad Rahim Khan states that despite the introduction of bizarre committees-within-committees by recent laws aimed at undermining judicial independence, Justice Syed Mansoor Ali Shah has issued an exceptionally well-reasoned order. This order correctly applies precedent, distinguishes between judges and administrators, and meticulously grounds itself in the law.
"After an entire year of reading Qazi Faez Isa's legally incoherent decisions, an order of this quality feels like rain in the desert," he remarked.
Khan further asserts that it has become evident to all that random administrative directives cannot bypass judicial declarations. While the case pertained solely to jurisdiction, it should be noted that the ongoing crisis will persist until the full bench resolves the fate of the 26th Amendment. The longer this remains undecided the more time the executive has to mass-appoint judges to the superior courts—a trend that must not influence the amendment case.