LEGAL

A letter by Justice Syed Mansoor Ali Shah, the senior-most judge of the Supreme Court of Pakistan, has surfaced in which he strongly opposed the expansion of the constitutional bench ahead of the court’s decision on the 26th Constitutional Amendment case.
According to sources, the letter was written and shared with members of the Judicial Commission before the June 19 meeting of the Supreme Court, during which the expansion was discussed. Justice Mansoor had already informed the commission that he would be out of the country and unavailable for the meeting, and had anticipated the meeting might be postponed in light of his absence.
In the letter, Justice Mansoor expressed concern that expanding the constitutional bench while the 26th Amendment case remained undecided would deepen the ongoing judicial crisis and damage public trust in the judiciary. He highlighted that in the past, similar meetings had been delayed due to the absence of executive members, and questioned why the same courtesy wasn’t extended when judiciary members were unavailable — particularly when they are already in the minority within the commission.
He wrote that proceeding with changes before concluding the 26th Amendment matter would further inflame controversy, which is already affecting the reputation and credibility of the Supreme Court.
Justice Mansoor further suggested that all judges should be declared eligible for constitutional benches until the 26th Amendment is conclusively resolved, and called for clear criteria for inclusion in such benches to prevent politicization or arbitrary selection.
The letter signals deepening internal discord within the highest judicial forum in the country, as the Supreme Court faces heightened scrutiny over bench formations, judicial transparency, and internal governance following political and constitutional developments.
The 26th Amendment, central to the controversy, pertains to matters affecting the judicial structure and representation, and has ignited debates over judicial independence and procedural clarity.
Justice Mansoor’s letter is likely to intensify calls for judicial reforms and procedural consistency as the court navigates through a politically charged atmosphere and growing public interest in its workings.