ISLAMABAD: The concentration of administrative powers in the hands of a single individual, such as the chief justice, runs counter to the ideals of democratic governance and judicial fairness, observed Justice Syed Mansoor Ali Shah in a 20-page additional note to the Oct 11 judgement in the Supreme Court (Practice and Procedure Act).

Justice Shah said in the note, released on Thursday: “It is imperative that such powers, including crucial decisions on case allocations, be exercised collectively, harnessing the diverse perspectives and wisdom of all justices.”

Parliament passed the Supreme Court (Practice and Procedure) bill on April 10 last year. It envisaged the formation of a panel of the most senior judges, led by the CJP, to handle all cases and appeals.

On Oct 11 last year, a 15-judge full court had upheld the law with a caveat that the right to appeal provided against a decision taken under Article 184(3) of the Constitution would not be applicable with retrospective effect.

In additional note to judgement on SC Practice and Procedure Act, judge says benches formed by former CJP should be ‘protected’

Justice Shah explained that in the realm of public institutions, particularly within hallowed halls of the Supreme Court, the principle of collegial working is the cornerstone for ensuring justice, fairness, and the larger good of the people who seek its intervention. “This approach not only democratises the decision-making process but also reinforces the integrity and impartiality of the court.

“It would be hard to overestimate how important civility and collegiality are to the proper functioning of our legal system, and more specifically of our courts,” Justice Shah observed.

“Nothing can be resolved in society without the ability to be civil and collegial. The stakes are high, and our ability to listen carefully, to express our ideas respectfully, and to collaborate for the greater good are more important than ever,” Justice Shah observed.

Constitution of benches

Referring to a question about validity of the constitution of benches by a former CJP and the decision made by such benches during the period in which the Practice and Procedure Act remained suspended, Justice Shah observed that acts done in accordance with the law prevailing at the time were generally protected under the doctrine of past and closed transactions.

The act of constituting benches by the former chief justice should be protected unless some exceptional circumstances justify departure from the principle, Justice Mansoor Ali Shah said.

Published in Dawn, March 8th, 2024

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...