Respected Shah, the selectivity of justice does not befit your position, Khawaja Asif's response to Justice Mansoor Ali Shah's letter
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Respected Judge, you are an eyewitness to everything that happened to the judiciary during your tenure. Do you not think that the public's trust has been damaged at this time or is your current complaint due to any personal reasons?, the Defense Minister's message on the social networking website
Friday, December 6, 2024
Islamabad ( News InternationalNew - 06 December 2024) Defense Minister Khawaja Asif, in his response to the letter written by Senior Judge of the Supreme Court Justice Mansoor Ali Shah to Chief Justice Yahya Afridi, said that Honorable Shah Sahib, the selectivity of justice does not befit your position, social networking website X (Twitter). In his statement, the Defense Minister said that you hold a very high position and you are respected by me. Honorable Judge Sahib, you have been associated with the higher judiciary for a long time and you are also an eyewitness to what happened to the judiciary during this association.
Saqib Nisar Sahib, Khosa Sahib, Ijaz Ahsan, Mazahir Naqvi and many others are just a few names who have violated the dignity of the judiciary, and there are many more.
Do you not think that the public’s trust is being damaged at this time or is your complaint due to some personal reason? Khawaja Asif said that the most esteemed Justice Mansoor Ali Shah has expressed his fear in his letter that if the contents of his letter are not implemented, the public’s confidence in the judiciary will be lost.
It should be noted that yesterday, Senior Judge of the Supreme Court, Justice Mansoor Ali Shah, had proposed to Chief Justice of Pakistan Yahya Afridi to postpone the meeting of the Judicial Commission until the petitions against the 26th Constitutional Amendment are decided. Justice Mansoor Ali Shah, in his letter to the Chief Justice of Pakistan, requested the formation of a full court to hear the petitions against the 26th Constitutional Amendment and said that the Registrar Supreme Court should be ordered to list the petitions for hearing.
The senior judge had written in the letter that the decision on the petitions against the 26th Constitutional Amendment was extremely important and urgent. Under Article 191A, the regular benches of the Supreme Court cannot hear constitutional petitions, but Article 191A does not prevent the full court bench of the Supreme Court from hearing constitutional petitions. Justice Mansoor said in his letter that the legality of the Judicial Commission can be decided permanently by deciding the petitions against the 26th Amendment.
Justice Muneeb Akhtar and I had decided to schedule the petitions against the 26th Amendment for hearing in the October 31 meeting, but despite this decision, these petitions were not scheduled for hearing before the full court by the registrar. Senior Supreme Court judge Justice Mansoor had also said in his letter that the Judicial Commission was newly constituted under the 26th Amendment and more than 2 dozen petitions against the amendment are pending.
Petitions against the 26th Amendment could either be rejected or accepted. If the petition is approved, the decisions of the Judicial Commission will be null and void, and such a situation will be a source of embarrassment for the institution and its members. Therefore, the December 6 meeting of the Judicial Commission should be postponed.
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