Justice Mansoor Ali Shah Advocates Case Allocation Balance in Supreme Court

On November 4, 2024, a significant discussion unfolded in the Supreme Court of Pakistan, led by senior puisne judge Justice Syed Mansoor Ali Shah. The topic at hand was the transfer of cases to the constitutional bench, a matter that has garnered attention following the recent enactment of the Constitution (Twenty-sixth Amendment) Act, 2024. This amendment has sparked debates about the allocation of cases and the role of the constitutional court in Pakistan's judicial system.

During a hearing concerning an overbilling case involving Sui Northern Gas Pipelines Limited (SNGPL), Justice Mansoor expressed his views on the matter. The petitioner’s counsel informed the court that, due to the new amendment, the case was expected to be sent to the constitutional court. In response, Justice Mansoor, with a hint of humor, remarked, "Leave some cases with us too." This light-hearted comment underscored his belief that not every case warrants the attention of the constitutional bench, especially when significant constitutional or legal questions are not at stake.

Justice Mansoor's remarks reflect a broader concern within the judiciary regarding the efficient handling of cases. He emphasized that the petitioner could still raise pertinent questions in the pending review case, indicating that there are alternative avenues for addressing legal issues without overwhelming the constitutional bench.

This discussion comes at a crucial time as Chief Justice of Pakistan (CJP) Yahya Afridi prepares to chair the inaugural meeting of the Judicial Commission of Pakistan (JCP) on the following day. The meeting aims to discuss the nomination of judges for constitutional benches in the apex court. A key focus will be on establishing the JCP’s secretariat and selecting judges, a process that has been restructured to include parliamentary members following the 26th Constitutional Amendment.

The recent reforms allow a parliamentary committee to play a role in choosing the Chief Justice, thereby introducing a new layer of oversight in the judicial appointment process. National Assembly Speaker Ayaz Sadiq has nominated four parliamentarians from both the upper and lower houses, ensuring equal representation from the treasury and opposition, along with one woman member. This brings the total nominations to five, including notable figures such as Opposition Leader Omar Ayub Khan and MNA Sheikh Aftab Ahmed.

As the JCP prepares to convene, the implications of these changes are significant. The restructuring aims to enhance the transparency and accountability of judicial appointments, which is essential for maintaining public trust in the legal system. The inclusion of diverse voices in the JCP could lead to a more balanced approach in selecting judges, ultimately benefiting the judiciary and the citizens it serves.

The remarks made by Justice Mansoor Ali Shah highlight an important aspect of judicial efficiency and the need for a balanced approach in handling cases. As the JCP embarks on its new journey, the focus on transparency and equal representation will be crucial in shaping the future of Pakistan's judiciary. The ongoing developments in the legal landscape serve as a reminder of the dynamic nature of law and governance, and the importance of ensuring that justice remains accessible to all.