Justice Mansoor Ali Shah of the Supreme Court has raised concerns about the bench hearing the contempt of court case against the Additional Registrar Judicial. He objected to the inclusion of two judges, Justice Jamal Mandokhail and Justice Muhammad Ali Mazhar, in the bench.
Justice Mansoor conveyed his objections in a letter to the Judges Committee. He highlighted the issue of judges from a committee acting as judges over their own decisions. “The decisions of the judges in these committees are being questioned,” he stated in the letter.
Judicial Commission Meeting Details
Justice Mansoor explained the sequence of events leading to his objection. On November 23, a Judicial Commission meeting took place.
Subsequently, the Chief Justice called an informal meeting of the committee in his chamber.
During the meeting, a proposal was made to form a five-member bench. Notably, this bench, based on seniority, would hear the intra-court appeal. Furthermore, it was proposed that judges who were part of the committee should not be included in the bench.
Sudden Formation of Six-Member Bench
Justice Mansoor revealed that the Chief Justice preferred a four-member bench. However, later that night, his secretary contacted him through WhatsApp at 9:33 PM. The message sought approval for a six-member bench. Justice Mansoor responded that he had objections and would give his reply the next morning.
At 10:28 PM, the secretary informed Justice Mansoor that they had already formed a six-member bench. Justice Mansoor added that the secretary also confirmed the roster’s issuance.
Concerns Over Committee Members’ Decisions
Justice Mansoor expressed serious concerns about the inclusion of committee members in the bench. He emphasized that individuals cannot act as judges over their own decisions. He insisted that his objections be recorded officially.
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Justice Mansoor urged for clarity and transparency in the process. He stated that the committees’ decision to withdraw the case of bench powers raises valid questions. “Members of the committee cannot act as judges over their own decisions,” he asserted.
Request for Official Record of Objections
Justice Mansoor requested the inclusion of his objections in the official record. He stressed that these concerns are essential to uphold judicial integrity.
This case raises important questions about judicial fairness and transparency. Justice Mansoor’s objections underscore the need for impartiality in forming benches to avoid conflicts of interest.
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