Islamabad, October 25, 2024 – In a rare and pointed critique, Justice Mansoor Ali Shah publicly addressed his long-standing grievances with outgoing Chief Justice Qazi Faez Isa, expressing strong disapproval over recent developments within the Supreme Court. Justice Shah refused to attend the traditional farewell reference for CJP Isa, citing concerns over the latter’s judicial leadership.
In a letter to the Supreme Court Registrar, Justice Shah formally requested that his objections be recorded, highlighting his objections to CJP Isa’s alleged lack of collegiality and disregard for judicial consensus. Other top court judges, including Justice Munib Akhtar, Justice Ayesha Malik, and Justice Athar Minallah, reportedly abstained from the event as well.
“Today, I find myself compelled to make the same decision, though for different but more worrying reasons,” Justice Shah stated, openly censuring CJP Isa’s approach to judicial leadership.
In his detailed letter, Justice Shah accused CJP Isa of failing to foster unity within the judiciary, thereby “leaving scars on the institution that will endure.” He alleged that CJP Isa showed little respect for court judgments and dissuaded executive accountability, which led to “bitter divisions and fractured relationships among colleagues.”
Justice Shah, initially in line to succeed CJP Isa, had his prospects for the role of Chief Justice altered by the 26th Constitutional Amendment. Now, Justice Yahya Afridi has been notified as the next chief justice. Reflecting on the amendment’s impact, Justice Shah did not mince words, criticizing Isa’s tenure for what he deemed pettiness and a lack of decorum.
Justice Shah underscored that the role of the chief justice is to uphold judicial independence and safeguard the rights of all citizens. Instead, he argued that CJP Isa’s tenure was marred by complacency and perceived indifference to external threats on the judiciary, from surveillance to political interference.
The judge highlighted his previous boycott of a farewell for former Chief Justice Saqib Nisar, expressing that his current stance reflects a deeply held conviction against judicial leadership that, in his view, compromises the rule of law.
“It is a deeply held tradition to honor an outgoing Chief Justice with a reference,” Justice Shah wrote, “yet I cannot in good conscience partake in this one.”
