Despite being bypassed for the position of Chief Justice of Pakistan (CJP), Justice Mansoor Ali Shah remains the senior-most judge of the Supreme Court and will continue to serve on both the Supreme Court’s Practice and Procedure Committee and the Judicial Commission of Pakistan (JCP), according to the Attorney General of Pakistan, Mansoor Usman Awan.
Addressing concerns over Justice Shah’s status, Awan clarified to The News that Justice Shah, though not appointed as the CJP, will retain his seniority and participate in key judicial committees. This statement comes amid discussions on whether Justice Shah’s seniority would be affected after being superseded by Justice Yahya Afridi, the newly appointed Chief Justice.
The debate intensified after the appointment of Justice Afridi as CJP, raising questions about the status of Justice Shah and whether he would still be regarded as the senior-most judge or if the position would pass to the next in line, Justice Aminuddin.
Under the Supreme Court (Practice and Procedure) Ordinance, bench formation and case fixing are to be managed by a three-member committee, which now includes a senior judge who was bypassed for the top position. The ordinance was amended in September 2024, stating that the committee would comprise the CJP, the senior-most judge, and a third judge nominated by the CJP.
Legal experts are divided on the issue. Hafiz Ahsaan Ahmed Khokhar, a senior advocate, argued that a judge who is superseded cannot be considered the senior-most judge or part of the committee. He suggested that Justice Aminuddin would now be the senior-most judge after the CJP. Furthermore, Khokhar explained that the committee would handle cases other than constitutional matters, which would be automatically referred to a newly established constitutional bench.
The current situation, according to some legal professionals, may lead to confusion in the allocation of cases and could potentially stall the smooth functioning of the Supreme Court. Qazi Anwar, former president of the Supreme Court Bar Association, opined that Justice Shah should still be included in the committee, emphasizing that the judicial system appears to be in a state of uncertainty until these matters are fully clarified.
As debates over the structure of the Supreme Court and the status of its judges continue, there are concerns that the court’s operations could be significantly disrupted. Some experts even predict that this situation might necessitate a constitutional amendment to resolve the ongoing issues.
