On October 25, 2024, Senior Puisne Judge Mansoor Ali Shah formally declined to attend the Reference held in honor of Chief Justice Qazi Faez Isa, citing significant concerns about his tenure and approach to judicial leadership. In a letter submitted for the record of the Reference proceedings, Judge Shah articulated his reasons, invoking both tradition and the responsibilities inherent in the role of Chief Justice.
Judge Shah began by acknowledging the global tradition of honoring outgoing Chief Justices as a recognition of their service and dedication. However, he emphasized that such traditions must be grounded in the merits of those being honored. Reflecting on past experiences, he noted his refusal to attend a similar Reference for former Chief Justice Mian Saqib Nisar due to overreach beyond constitutional boundaries. He expressed regret that he found himself in a comparable position regarding Chief Justice Isa.
In his letter, Judge Shah condemned Chief Justice Isa for his perceived complacency in the face of external pressures, asserting that Isa failed to uphold the judiciary’s independence. He criticized Isa for allegedly opening the judiciary to undue influence, thereby compromising the rule of law. Judge Shah described the Chief Justice’s approach as lacking moral fortitude and courage, further lamenting a pattern of divisiveness and failure to foster collegiality within the court.
The Senior Puisne Judge expressed deep concern that celebrating Chief Justice Isa’s tenure would send a troubling message about the standards expected of judicial leadership. He stated, “To stand at a Reference and celebrate such a tenure would suggest that one can betray their institution and still be regarded as an honorable servant of justice.”
Judge Shah’s refusal highlights ongoing tensions within the judiciary and raises important questions about accountability and leadership in Pakistan’s legal system. The letter was circulated to all Hon’ble Judges of the Supreme Court of Pakistan, marking a significant moment in the discourse surrounding judicial integrity and the role of the Chief Justice.
