Judicial Independence at Risk from Case Withdrawals, Says Justice Mansoor Ali Shah

Committee’s Role Ends Once a Case Is with a Judicial Bench, Asserts Supreme Court Senior Judge

Islamabad: Justice Mansoor Ali Shah of the Supreme Court has raised concerns over withdrawing cases from judicial benches, emphasizing that such actions could undermine judicial independence.

Key Points:

• Justice Shah questioned whether committees can withdraw cases to avoid government-unfavorable decisions.
• He asserted that a committee’s role ends once a case is assigned to a judicial bench.
• Senior advocates have been appointed as amicus curiae to assist the court.

Hearing Details:

• Justice Shah asked the registrar why a case was not scheduled despite a judicial order.
• The registrar explained the case had been mistakenly assigned to a regular bench instead of a constitutional one.
• Justice Shah questioned the role of the Practice and Procedure Committee in reassigning cases and demanded clarity on its authority.

Impact on Judicial Process:

• Justice Shah warned that withdrawing cases risks eroding judicial independence and public trust.
• He stressed that administrative decisions cannot override judicial orders.
• The registrar claimed the Practice and Procedure Law grants the committee such authority, but its limits need to be defined.

Next Steps:

• Senior advocates Hamid Khan and Munir A Malik have been appointed as amicus curiae.
• The hearing on the matter has been adjourned until tomorrow (Wednesday).