Supreme Court Judge Justice Mansoor Ali Shah has written a letter to the Chief Justice of Pakistan, raising key concerns regarding the judiciary’s role, the proposed establishment of a Federal Constitutional Court, and broader judicial reforms.
In his detailed letter to Chief Justice Yahya Afridi, Justice Shah stressed that no constitutional amendment can be made without consulting the judiciary.
He urged the Chief Justice, as the head of the judiciary, to immediately engage with the executive in order to clearly convey the judiciary’s stance on the matter.
Justice Shah suggested that, if necessary, a convention of constitutional court judges could be convened to deliberate on the issue. Addressing the Chief Justice, he wrote, “You are not merely the administrator of this institution but also its guardian, and this moment demands true leadership from you.”
The letter further said that no consultation was held with the higher judiciary regarding the formation of the Federal Constitutional Court, even though in all democratic systems, it is customary to consult the judiciary before legislating on matters concerning it.
Justice Shah questioned whether a new constitutional amendment could be introduced while the 26th Amendment is still under judicial review, stressing that a new amendment would be inappropriate until questions surrounding the previous one are resolved.
He argued that pending cases have been cited as the main reason for creating the new court, a justification he described as flawed, noting that most pending cases lie in district courts, not the
