Administrative judge: senior puisne judge recuses himself?

ISLAMABAD: Senior puisne judge Justice Mansoor Ali Shah on Wednesday recused himself from continuing to perform his duties as an administrative judge.

According to sources, then Chief Justice of Pakistan Qazi Faiz Esa had appointed Shah to the position of administrative judge of the Supreme Court of Pakistan.

Furthermore, the senior puisne judge also refused to sign the files sent to him, saying he had not been working as an administrative judge anymore.

Earlier, Justice Shah had written a nine-page letter to the Judicial Commission secretary demanding mechanism and criteria for the nomination and determination of the number of judges for the constitutional benches of the Supreme Court and the high courts.

“The commission has already nominated and determined a number of judges of the Supreme Court and the Sind High Court for Constitutional Benches in the absence of any mechanism or criteria in place.

“Therefore, there has been no logic or reason backing the nomination and determination of the number of judges for the Constitutional Benches of the Supreme Court and Sind High Court,” said the letter.

“The extension of the existing Constitutional Benches of the Supreme Court of Pakistan is coming up tomorrow [today]. Hence it is imperative and obligatory on the Commission to formulate a mechanism and criteria for the nomination and determination of the judges for the Constitutional Benches in the general interest of the public,” said the letter of Justice Shah.

In October, Justice Shah refused join a special bench formed under the Supreme Court (Practice and Procedure Act), 2023. He expressed his concern in a letter to former chief justice Qazi Faez Isa about the new law and its implications for how the court operates.

Before that, he raised objections in a letter on September 23, criticising the way judges are assigned to committees. The new ordinance allows the chief justice to select judges for a committee that forms the benches. The committee includes the chief justice, the most senior judge after him, and another judge chosen by Justice Isa.

Justice Shah specifically objected to the removal of Justice Munib Akhtar from the committee.