Selective sense of justice doesn't befit Justice Mansoor: Asif

ISLAMABAD: Upon Justice Mansoor Ali Shah's expressing reservations over the Judicial Commission of Pakistan (JCP), Federal Minister for Defence Khawaja Asif said it did not befit the senior puisne judge of the Supreme Court to have a "selective sense of justice".

Justice Mansoor wrote a letter to Chief Justice Yahya Afridi on Thursday, wherein he sought to convene the full court and direct the registrar to fix the pending pleas against the 26th Constitutional 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.

'Erosion of judiciary’s standing'

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 Mansoor 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."