- Minister questions motive behind Justice Shah’s letter.
- “You are worthy of my respect,” Asif tells senior judge.
- Justice Mansoor has questioned the credibility of JCP.
Defence Minister Khawaja Asif has said that “selective sense of justice” does not befit Senior Puisne Judge Mansoor Ali Shah’s stature after the jurist raised objections over the credibility of the Judicial Commission of Pakistan (JCP).
In a letter to Chief Justice of Pakistan (CJP) Yahya Afridi a day earlier, Justice Mansoor demanded to convene the full court and direct the registrar to fix the pending petitions challenging the 26th Amendment for hearing.
Justice Mansoor intimated to the chief justice that the current commission had been restructured under the 26th Amendment.
He said the very constitutional validity of the said constitutional amendment had been challenged in the Supreme Court by numerous petitioners from diverse segments of society, adding that over two dozen petitions were currently pending with the Supreme Court in this regard.
Justice Mansoor further said while the outcome of this challenge remained uncertain (it may fail or succeed), a verdict invalidating the constitutional amendment would render any actions or decisions taken by this new commission, particularly including nominations for the appointments of additional judges in various high courts, null and void.
“Further, appointments of additional judges in various High Courts by such commission, whose constitutional validity and legitimacy was under question, will cast shadows over the moral authority of these appointments and generate mistrust and weaken public confidence in the judiciary of Pakistan,” Justice Mansoor Ali Shah maintained.
‘Complaint rooted in some personal reason?’
In his statement, Defence Minister Asif expressed his views in response to the letter by Justice Shah, saying: “Honourable Shah has expressed concerns in his letter that if the contents are not acted upon, public trust in the judiciary might erode.”
He further noted: “The esteemed judge has been associated with the higher judiciary for a long time. During this tenure, he has witnessed firsthand the events that unfolded within the judiciary.”
Asif named several individuals he believes have tarnished the judiciary’s reputation, stating: “Names like Saqib Nisar, Khosa sahib, Ijaz-ul-Ahsan, and Mazahar Naqvi are among those who have undermined the judiciary’s dignity.”
He added that there are many others who have also contributed to the erosion of the judiciary’s standing.
Addressing Justice Shah directly, Asif questioned: “Why did these concerns about public trust not arise back then, Shah sahib? Or is this complaint rooted in some personal reason?”
The federal minister concluded by emphasising the significance of Justice Shah’s position: “You hold a very high office, Shah sahib, and you are worthy of my respect. But this selective sense of justice does not befit your stature.”
