Justice Mansoor Ali Shah Challenges Chief Justice Yahya Khan Ahead of Full Court Meeting

Islamabad: In a rare and direct move, Supreme Court Senior Puisne Judge Justice Mansoor Ali Shah has written a letter to Chief Justice Yahya Khan ahead of the upcoming Full Court meeting, raising serious institutional concerns linked to the principle of judicial independence.

Justice Shah questioned why the Practice and Procedure Committee has never been convened to perform its statutory duties, and why the 1980 Rules were amended through circulation rather than open debate in a Full Court meeting. He also raised objections over the adoption of a policy on dissenting notes based on individual opinions of judges instead of discussion in an open forum.

The letter further challenged the issuance of a general standing order on judicial vacations, which Justice Shah argued places judges under controls inconsistent with judicial independence and the 1997 Presidential Order. He also asked why petitions challenging the 26th Constitutional Amendment were not placed before the original Full Court.

Most significantly, Justice Shah pressed the Chief Justice to clarify whether the Supreme Court is fostering independent judicial thought or merely enforcing obedience, thereby turning the institution into a “disciplined force” instead of a “constitutional court of equal and independent judges.”

Concluding his letter, Justice Shah urged the Chief Justice to use the 8 September 2025 judicial conference as an opportunity for institutional renewal by addressing these questions publicly and reaffirming the principles of constitutional fidelity.