Qazi says legally he can not be asked about why he nominated a judge as the committee’s third member,
Islamabad-(Mudassar Iqbal)-Chief Justice of Pakistan Qazi Faez Isa has justified removing Justice Munib Akhtar from the judges’ committee, citing 11 reasons in response to senior puisne judge Justice Mansoor Ali Shah’s inquiry.
Isa replaced Akhtar with Justice Amin-Ud-Din Khan following the Supreme Court (Practice and Procedure) Amendment Ordinance 2024. The ordinance grants the chief justice authority to nominate a judge to the committee.
According to details, Chief Justice Isa replied to Justice Mansoor Ali Shah’s letter, in which the latter had questioned the removal of Justice Muneeb Akhtar from the committee and the non-inclusion of Justice Yahya Afridi.
Justice Mansoor Ali Shah had also refused to participate in the Practice Procedure Committee meeting and had written a letter and expressed reservations about the presidential ordinance to amend the Supreme Court Practice and Procedure law.
According to the sources, the chief justice wrote in the reply letter that Justice Afridi refused to be a part of the judges committee after which he was replaced by Justice Aminuddin Khan.
The entire contents of the CJP’s letter have not been revealed, however, in the document he has reportedly cited reasons for not including Justice Muneeb Akhtar in the committee.
In the letter, CJP Isa has written that Justice Muneeb’s attitude towards senior judges was very harsh, which was the result of Justice Mansoor Ali Shah’s insistence. “Legally, you cannot question which judge the chief justice should include in the committee. But since I have always supported accountability and transparency, I will provide the reasons for doing so,” the CJP’s letter reportedly states.
Justice Isa mentioned in the letter that he would provide the reasons why Justice Muneeb Akhtar was replaced. “Bear in mind that I am doing this on your insistence, so that no one is upset,” he wrote.
He said Justice Muneeb Akhtar had strongly opposed the Supreme Court Practice and Procedure Act, adding that he was also among the two judges who neglected the caseload and utilised his entire summer vacation. “He was unavailable to carry out the work of the court during the vacation,” the letter reportedly mentions.
The CJP’s letter further states that Justice Muneeb was requested to attend the judges committee meeting during summer holidays, adding that the Practice Procedure Act states that urgent cases will be heard within 14 days. “Justice Muneeb’s behaviour in the committee meeting was not appropriate, and he even walked out of it,” the CJP said in his reply to Justice Shah’s letter.
Earlier,
Justice Mansoor Ali Shah of the Supreme Court of Pakistan has expressed concerns regarding the recent formation of a new Ordinance Committee in a letter addressed to the Practice and Procedure Committee.
In his correspondence, Justice Shah said that the previous committee could have continued its work despite the introduction of the ordinance, pending a full court review by the Chief Justice.
He questioned the necessity of reconstituting the committee so soon after the ordinance was enacted, stating that no explanation was provided for the removal of Justice Muneeb Akhtar from the committee.
Justice Mansoor made it clear that he would not participate in any meetings unless the former committee was reinstated.
Highlighting the importance of judicial transparency and independence, Justice Shah noted that the Chief Justice had previously expressed reservations about the ordinance.
He argued that a full court meeting should have been convened to discuss the ordinance’s implications, as its immediate implementation could undermine the integrity of the judiciary and affect its reputation.
He argued that the new ordinance’s constitutionality is questionable in light of a previous Supreme Court judgment and that proceeding with the committee’s work under these circumstances could damage the judiciary’s reputation.
Comments are closed, but trackbacks and pingbacks are open.