‘We won’t run away,’ says SC judge Justice Shah amid resignation speculation
Supreme Court judge Justice Mansoor Ali Shah has clarified that he is not stepping down from his position amid rumours following the 26th Constitutional Amendment.
“All speculation; we will not run away. I will continue the work I can do,” he said while responding to questions about his potential resignation after addressing an event in Islamabad on Saturday.
In October, the government narrowly passed constitutional amendments giving lawmakers more power to appoint top judges.
The 26th Amendment introduced several reforms focused primarily on the judiciary. Key changes include the removal of the Supreme Court’s suo motu powers, the establishment of a three-year term for the chief justice of Pakistan, and the authority granted to the prime minister to appoint the next CJP from the three most senior judges of the Supreme Court.
Under the judicial reforms, a parliamentary committee selected Justice Yahya Afirid as the CJP as the government changed the seniority principle.
Journalist Javed Chaudhry spoke about the “crisis” while appearing on the Aaj News programme Rubaroo last month. “There is Game of Thrones in Pakistan. It seems like all crises end, but suddenly a new crisis emerges. There is a new crisis in the Supreme Court as everyone thought that Justice Mansoor Ali Shah and Justice Munib Akhtar would resign as judges after Justice Yahya Afridi became the chief justice of Pakistan but they did not.”
‘Justice for children’
While speaking at the ‘Justice for Children’ event organised by UNICEF and other institutions at the Federal Judicial Academy in Islamabad, Justice Shah emphasised the importance of a constitutional bench and mentioned it multiple times during his address.
“I’m sorry, I have to say this repeatedly: I am not part of the constitutional bench,” he stated. The SC judge also addressed Justice Jamal Khan Mandokhail, stressing the need for clarification on Article 11(3) of the Constitution concerning children, which he feels he cannot interpret, but Justice Jamal can.
As the most senior judge of the SC, Justice Shah highlighted that children are not just the future but also the present. He lamented that when children appear in court, they are often not heard. “We must listen to children in the courtroom.”
He repeatedly mentioned his absence from the constitutional bench, stating that while he is not a member, his colleagues would be attentive to the needs of children.
Justice Shah stressed the importance of children’s rights and said that “children are our future”. He stressed the need for them to move towards a better future.
He addressed the necessity of establishing child courts, saying: “I want to tell judges how crucial it is to ensure justice for children; they are not merely the people of tomorrow, but individuals of today.”
The SC judge also highlighted the importance of the judiciary recognising and advocating for children’s rights, urging the need for greater awareness and action.
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He underscored the significance of international laws, arguing that “the judiciary should involve children in the decision-making process. We need to ensure that children are not kept away from the judicial system and they should not have to wait 15 or 20 years to see their cases resolved.”
Justice Shah pointed out that over 25 million children in the country were out of school. He also raised concerns about new threats to children, such as cyberbullying.
“Children should be more important to us than we are to ourselves,” he said and called for a collective effort to prioritise children’s rights and welfare within the judicial framework.
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