Justice Mansoor Ali Shah has announced he will not join a special bench formed under the Supreme Court (Practice and Procedure Act), 2023. In a letter to Chief Justice Qazi Faez Isa, he expressed his concerns about the new law and its implications for how the court operates.
Justice Mansoor previously raised objections in a letter on September 23, where he criticized the way judges are assigned to committees. The new ordinance allows the chief justice to select judges for a committee that forms the benches. The committee includes the chief justice, the most senior judge after him, and another judge chosen by Justice Isa.
Justice Mansoor specifically objected to the removal of Justice Munib Akhtar from the committee, calling it "cherry-picking." He noted that this change occurred just hours after the ordinance was issued, without any explanation given for why Justice Munib was replaced or why a more junior judge was chosen instead.
In response, Chief Justice Isa provided eleven reasons for his actions, stating he is not obligated to explain his nominations but did so to support accountability and transparency.
In his latest letter dated October 23, Justice Mansoor said he would only participate in regular benches to hear cases that serve the public interest until the full court reviews the law's constitutionality or until the previous committee structure is restored.
He recalled a quote from "A Man for All Seasons," where Sir Thomas More stated: "When leaders ignore their personal conscience for the sake of their public responsibilities, they quickly lead their country into chaos."
He also remarked, "Those in power often overlook the fact that the people are observing our actions, and history does not forget."