ISLAMABAD: Sources close to Supreme Court Justice Mansoor Ali Shah have confirmed that he does not intend to resign, despite being superseded for the position of Chief Justice by Justice Yahya Afridi under the recent 26th Constitutional Amendment. Reports suggesting that Justice Mansoor was advised to retire after being passed over for the chief justice role have been dismissed as unfounded.
Media outlets previously speculated that Justice Yahya had urged Justice Mansoor to step down during an in-chamber meeting. However, insiders have labeled these claims as “total lies,” asserting that no such conversation took place. When questioned about his future on the bench, sources close to Justice Mansoor confirmed that he plans to remain in his role as a Supreme Court judge.
Additionally, reports indicate that Justice Akhtar, another senior judge, also intends to stay on and has no plans to resign. It’s crucial to note that the Constitution does not require judges who have been superseded to step down. Historical precedents illustrate that many senior judges have continued to serve despite being passed over for the chief justice position.
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Historical Context
In 1994, the government chose to bypass Justice Saad Saood Jan in favor of Senior Puisne Judge Justice Ajmal Mian for the chief justice position. Out of respect for Justice Saad, Justice Ajmal declined the role, as did Justice Abdul Qadeer Chaudhry, the second senior-most judge. Ultimately, Justice Sajjad Ali Shah, who ranked fourth in seniority, accepted the position. Despite this, both Justice Ajmal Mian and Justice Abdul Qadeer continued their roles on the bench without resigning.
Similarly, in 1976, Justice Sardar Muhammad Iqbal’s four-year term as chief justice of the Lahore High Court ended when Justice Aslam Riaz Hussain was appointed to the position, bypassing Senior Puisne Judge Justice Maulvi Mushtaq Hussain. Despite being superseded, Justice Mushtaq did not resign and later served as acting chief justice after Justice Aslam was appointed as acting governor following the 1977 martial law.
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