The senior judge of the Supreme Court (SC) Puisne Mansoor Ali Shah has said that SC judges have the responsibility of “speaking truth to power, guided by the Constitution as its unwavering regulatory anchor”, in an interview seen by Dawn.com Mondays.
Shah has previously expressed that the Judiciary must bear the influence or pressure of the Executive. In November 2024, he said: “The independence of the Judiciary is the cornerstone of justice, and its true evidence lies in the ability of a judge to remain firm under authoritarian regimes.”
Speaking exclusively to Law magazine The legalShah said that the role of SC judges should be understood as that of the protectors of the Constitution and fundamental rights instead of as political leaders.
“Judges must balance respect for legislative intention with a commitment to constitutional principles, ensuring that the Judiciary acts as an impartial referee instead of a policy formulator,” he said in response to a question about the role of SC judges in the midst of a changing legal landscape.
“His role requires not only legal experience but also wisdom, courage and humility, since their decisions deeply affect people and society in general,” he added.
“In the heart of this role there is a deeper philosophical imperative: judges must tell power, guided by the Constitution as its unwavering normative anchor.”
Judge Shah pointed out that this responsibility “does not require commitment but courage to challenge political pressures, resist major impulses and remain firm in the face of injustice.”
“That the future jurists are not defined by fear or fatigue, but for purposes. Allow them to carry out a judiciary that is not complicit in silence, but committed to fighting. The Constitution not only needs protection, it needs protectors,” he emphasized.
Previously, Shah described the approval of the 26th constitutional amendment “one of its moments (the power of the Judiciary) in our history”, expressing concern that executive overreach interfered with judicial matters and processes.
In a letter to SC Jamal Khan Commandkhail written in December, Shah wrote: “This unprecedented change in the composition of the JCP (Judicial Commission of Pakistan) raises serious risks, including the potential of political appointments and the packaging of the courts with judges that lack an ideological commitment to the law state.”
In a historic decision in May, the SC allowed the civilians accused in the disturbances of May 9, 2023, triggered by the arrest of former Prime Minister Imran Khan, to be tried in the military courts, annulling a previous ruling that declared military judgments of null and void civilians.
However, the decision was not unanimous, the two dissident judges, Judges Jamal Khan Commandkhail and Naeem Akhtar Afghan, declared convictions of the military court “without jurisdiction” and unconstitutional. The rights groups and leaders of Pakistan Tehreek-I-Insaf (PTI) have also denounced the ruling, citing concerns about due process.
The legal fraternity also intervened, warning that the sentence threatened the right to a fair trial and provided the civil justice system.