ISLAMABAD: Supreme Court Justice Mansoor Ali Shah has called on Chief Justice of Pakistan (CJP) Yahya Afridi to publicly address six major unresolved institutional concerns.
Breakdown in Judicial Courtesy
In a letter viewed by nenagency, Justice Shah expressed regret that his previous correspondence went unanswered. He emphasized that the CJP’s silence was “not merely discourteous” but detrimental to the court’s collegial traditions.
Justice Shah stressed the importance of institutional courtesy, stating that “a constitutional court cannot function” without it. The letter highlights growing tensions within the Supreme Court Pakistan regarding transparency and protocols.
Judicial Conference as Forum for Transparency
With the judicial year approaching, Justice Shah noted that CJP Afridi has organized a judicial conference to review reforms. He urged that this conference address his concerns directly.
Justice Shah suggested that the conference should reassure judges, lawyers, and the public of the court’s commitment to transparency, advocating for open dialogue.
Six Critical Institutional Questions
The letter outlines six significant concerns affecting the Supreme Court Pakistan:
- Why the Practice and Procedure Act Committee has never been convened
- Why revisions to the Supreme Court Rules 1980 were approved without a Full Court debate
- Why dissenting opinions were regulated without open deliberation
- Why a general standing order on leave restricts judicial independence
- Why petitions against the 26th Amendment remain pending before a Full Court
- Whether the CJP is promoting judicial independence or enforcing compliance
Call for Institutional Renewal
Justice Shah emphasized these are institutional concerns, not personal grievances. He urged the CJP to transform the upcoming judicial conference into a “moment of renewal” for the Supreme Court Pakistan.
The letter reflects broader debates within Pakistan’s judiciary about governance, transparency, and the balance between institutional hierarchy and judicial independence. These issues are central to ongoing discussions on judicial reform within Pakistan’s federal system.
