CJP Isa's rejoinder to Justice Mansoor, lists reasons for excluding Justice Munib from committee
Pakistan
The CJP reminded Justice Shah that he cannot raise questions on the constitution of committee
ISLAMABAD (Dunya News) – Chief Justice (CJP) Qazi Faez Isa, in his reply to Justice Mansoor Ali Shah, gave reasons for exclusion of Justice Munib Akhtar from the Supreme Court Practice and Procedure Committee.
According to sources, the CJP’s letter to Justice Shah comprise four pages.
The CJP clarified to Justice Shah that Justice Yahya Afridi, the third most senior judge of the apex court, was asked to join the committee. But, he excused to join the committee.
On his refusal, Justice Amin-ud-Din Khan was included in the committee.
Listing reasons for excluding Justice Munib Akhtar, the chief justice wrote that he was harsh on his colleagues. The CJP reminded Justice Shah that he cannot raise questions on the constitution of committee.
Chief Justice Isa wrote that he has always been an advocate of accountability and transparency.
It may be recalled that Justice Shah had refused to participate in the meeting of the Practice and Procedure Committee expressing reservations on the presidential ordinance and questioned the exclusion of Justice Munib Akhtar from the committee.
Justice Shah, in his letter to the CJP, had written that according to the constitution, “parliament is independent law-making and the Supreme Court is independent in making its own rules.”
He wrote that within a few hours of the promulgation of the ordinance, how a new committee was formed without giving reasons; why the chief justice did not choose the second and third most senior judges for the committee.
Justice Shah adjudged the ordinance against the Constitution and democratic values. "It has created a one-man show in the Supreme Court. The ordinance is against Article 191 of the Constitution and the full court decision of the Supreme Court," he argued.
The Supreme Court (Amendment) Practice and Procedure Ordinance 2024 came into effect after the signature of President Asif Zardari on Sept 20.
