Supreme Court’s senior puisne judge Justice Mansoor Ali Shah stated on Saturday that he would raise the issue of implementing court rulings in the judges’ committee, citing that no one has a choice to second-guess the court judgement whether it was right or wrong.
“It is not their prerogative. It is only the Supreme Court’s prerogative,” he said while addressing a conference on ‘overcoming the implementation challenges to court verdict(s)’ in Islamabad.
“It is the Supreme Court’s prerogative. The SC has made a decision and that has to be implemented. That is the system of this country. That is the Constitution of this country. If you want to make a new system, then go ahead, we will talk after that.”
At the event, he clarified that he was not the acting chief justice but the senior most judge in the apex court. Justice Qazi Faez Isa is the Chief Justice of Pakistan, he said.
Earlier this week, President Asif Ali Zardari signed the Election Amendment Bill 2024 into an Act. The bill was approved by Parliament amid PTI’s protest.
Read: PTI challenges bill preventing independents from joining political parties in SC
According to Federal Minister for Information Attaullah Tarar, the new law was meant to stop floor crossing. PML-N lawmaker Bilal Azhar Kayani introduced the bill in the NA a week ago, after which it had been rushed through the lower house’s Standing Committee on Parliamentary Affairs despite Imran Khan party’s reservations.
It proposed changes to the Elections Act 2017 and is apparently aimed at circumventing the Supreme Court’s July 12 ruling, which granted the PTI reserved seats and set it to re-emerge as the single largest party in the National Assembly.
The senior puisne went on to add that disregarding or delaying any verdict would affect the whole legal system. “The balance of Constitution and the legal system would be disturbed if you decide that the judgements should not be implemented. This cannot happen.”
According to Justice Shah, it was against the separation of powers. It includes the judiciary, the executive, and the legislature.
“The separation of powers is the core component of democracy and it should not be disturbed,” he said and added that the SC decisions were a Constitutional obligation.
The SC judge added that it was a “delicate equilibrium in the Constitution” which should be respected and there should not be any executive overreach.
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He emphasised that the implementation of SC rulings was mandatory and a failure to do so would constitute a violation of the Constitution.
The judge reiterated that the authority of the Supreme Court stems from the Constitution, not from any other source. Justice Shah noted that the Constitution guarantees all rights to minorities and that the implementation of court decisions was not a burden, as “there is no compulsion in religion.”
The senior puisne judge stressed that he would only learn from the Quran and Sunnah and that the entire judicial system must operate within the bounds of the Constitution.
Justice Shah noted that according to Islamic teachings, Muslims are required to treat religious minorities with compassion and ensure justice for them. He pointed out that the Pakistani constitution also grants religious freedom to minorities and calls for giving them proper space in society.
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“It is time that we as a nation focus on enhancing religious harmony. 96% of Muslims should introspect and think about the direction we are heading,” Justice Shah said.
He lamented that while all religions preach the message of tolerance and coexistence, there seems to be a disconnect in terms of putting such principles into practice. While quoting the Quran, he said: “For you, it is your religion and for me, it is my religion.” The judge emphasised the need to respect each other’s faiths.
Justice Shah also warned about the detrimental effects of religious intolerance, urging the people of Pakistan to come together and promote interfaith dialogue and understanding.
