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Govt to Challenge Justice Mansoor Ali Shah's Full Court Order
The federal government plans to challenge Justice Mansoor Ali Shah's order for a full court on bench formation, citing it as unconstitutional.
ND
by News Desk
2025-01-28
Govt to Challenge Justice Mansoor Ali Shah's Full Court Order

The federal government has decided to challenge the order issued by a two-member Supreme Court bench, comprising Justice Mansoor Ali Shah and Justice Aqeel Abbasi, which called for the constitution of a full court to address the matter of bench formation.

According to reports from Geo News, the Attorney General for Pakistan, Mansoor Awan, informed the constitutional bench of this decision, terming the order unconstitutional and claiming that Justice Mansoor Ali Shah exceeded his jurisdiction by exercising suo motu powers in the matter.

Government's Position

The Attorney General argued that the decision to constitute a full court was not within the purview of Justice Mansoor Ali Shah. "The federal government views this as an unconstitutional exercise of power and will formally challenge the decision in court," he stated.

The government’s contention lies in the interpretation of judicial powers, particularly regarding the authority to call for a full court. According to the federal government, only the Chief Justice of Pakistan holds the discretion to constitute such a court.

Background of the Case

The two-member bench had recently issued a ruling in the case related to the formation of benches. In its decision, the bench criticized the Practice and Procedure Committee as well as the Judges' Constitutional Committee, asserting that they had disregarded judicial orders. The bench further instructed the Chief Justice of Pakistan to constitute a full court to deliberate on the matter.

The directive for a full court has since sparked debate over the judicial powers exercised by the bench, with critics arguing that the decision encroaches upon the authority of the Chief Justice.

Implications of the Challenge

The federal government’s challenge may set the stage for a high-stakes legal battle in the Supreme Court, potentially reshaping the protocols surrounding bench formation and judicial authority.

The Chief Justice of Pakistan’s response to the matter, as well as the outcome of the government’s challenge, will likely have significant implications for the judiciary’s procedural practices and its relationship with the executive branch.

Next Steps

The Attorney General is expected to formally file the government’s challenge in the coming days. Legal experts and observers anticipate a comprehensive hearing to determine the constitutional validity of the bench’s order.

As the situation develops, the case has become a focal point in the ongoing discourse about judicial independence and constitutional limits on the exercise of judicial authority.

 
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SupremeCourt

PakistanLaw

JusticeMansoorAliShah
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