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Mansoor Ali Shah

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Syed Mansoor Ali Shah
سید منصور علی شاہ
Shah in 2017
Justice of the Supreme Court of Pakistan
Assumed office
7 February 2018
Appointed byMamnoon Hussain
45th Chief Justice of the Lahore High Court
In office
27 June 2016 – 6 February 2018
Appointed byRafique Rajwana
Preceded byIjaz-ul-Ahsan
Succeeded byYawar Ali Khan
Justice of the Lahore High Court
In office
15 September 2009 – 27 June 2016
Appointed bySalmaan Taseer
Personal details
Born (1962-11-28) 28 November 1962 (age 61)
Peshawar, Pakistan
Alma materAitchison College
University of Cambridge
University of the Punjab.

Syed Mansoor Ali Shah (Urdu: سید منصور علی شاہ) is a Pakistani jurist who is serving as a Judge of the Supreme Court of Pakistan. He formerly served as the 45th Chief Justice of the Lahore High Court.[1]

Justice Shah is the incoming Chief Justice of Pakistan and is expected to take oath of office on 26 October 2024.[2]

Early life and education

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Shah was born on 28 November 1962, in Peshawar.[3] He began his education at Aitchison College,[4] attending from 1968 to 1981. In 1984, he obtained a B.A. in Mathematics and French from the University of the Punjab. He later enrolled at the Punjab University Law College earning his LL.B degree from 1986 to 1988. In 1988, he received an M.A. in Economics from the University of the Punjab. From 1989 to 1991, he studied at Downing College, Cambridge, where he earned a B.A./M.A. in Law.[5]

Career

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Shah was a founding partner of Afridi, Shah and Minallah, a law firm established in 1997 alongside Yahya Afridi and Athar Minallah.[6] He was actively involved in the 2007 Lawyers' Movement.[7] As a lawyer, he represented clients in over 2,000 cases.[7]

Justice of the Lahore High Court

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He was elevated to a judge of the Lahore High Court (LHC) on 15 September 2009.[8]

In February 2011, the Parliamentary Committee on Judges extended Shah's service as an additional judge of the LHC.[9]

In November 2014, he urged the federal government of Pakistan to dismiss Maryam Nawaz from her position as Chairwoman of the Prime Minister's Youth Programme, stating that her appointment should have adhered to due legal processes. He indicated that the LHC would issue an appropriate order if the matter was not addressed, leading to Maryam's subsequent resignation.[10] Following this, many questioned Shah’s chances of becoming Chief Justice of the Lahore High Court, given that the PML-N was in power both in Punjab and at the federal level.[7]

In November 2015, he became the senior puisne judge of the LHC after Ijazul Ahsan was sworn in as the 44th Chief Justice of the LHC.[11]

In April 2016, he was praised for his efforts in environmental protection at the first World Environmental Law Congress held in Rio de Janeiro and was also commended for establishing a bench at the LHC dedicated to addressing environmental issues in Punjab.[12]

Since his appointment to the LHC in 2009, he has authored numerous judgments on constitutional law, human rights, administrative law, and environmental sustainability, with many decisions perceived as challenging the Government of Punjab.[13]

Chief Justice of the Lahore High Court

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He was appointed Chief Justice of LHC on 27 June 2016.[5] He took oath as the 45th Chief Justice during a ceremony at the Governor House, where Chief Minister Shahbaz Sharif and Governor Rafique Rajwana officiated the ceremony. Shortly after being sworn in as chief justice, he implemented significant reforms aimed at enhancing self-accountability within the judicial system he oversaw.[13] Following his appointment as Chief Justice of the LHC, Babar Sattar, then a practicing lawyer, remarked, “Someone like him being appointed chief justice of Pakistan’s largest province is a miracle,” reflecting the belief within the legal community that the Chief Minister of Punjab or Prime Minister would be unlikely to appoint Shah due to his critical stance toward the ruling PML-N party. Babar Sattar also noted, “When you appoint someone who has a reputation of being reform-minded and very independent, he is not going to be somebody who will be amenable to being controlled.”[7]

On his first day in office, he issued notifications appointing 30 judicial officers in Punjab as Officer on Special Duty (OSD) due to concerns about their questionable reputations, including three district and sessions judges, six additional district and sessions judges, and 21 civil judges.[13]

He played a key role in establishing Alternate Dispute Resolution Centers in Punjab. He implemented case management and court automation systems at the LHC and district courts of Punjab, and he also founded a research center at the LHC. Additionally, he initiated the first Gender-Based Violence Court and a Child Court in Lahore. He also contributed to the revision of the curriculum at the Punjab Judicial Academy.[2]

In January 2017, the LHC under Shah took the unprecedented step of preparing evaluation reports for its own judges, allowing them to review their performance.[14]

In July 2017, a lawyer filed a petition in the IHC accusing Chief Justice Shah of taking a government loan for his textile mills and his son's medical expenses. In response, Shah offered to disclose details about his family business and his son's treatment costs. He clarified that he had sold the textile mill before becoming a judge and had resigned from any directorial roles. Since his judicial appointment, he had not been involved in any business activities.[15][16] Subsequently, the IHC dismissed the petition seeking the "money trail" of Shah.[17]

Justice of the Supreme Court

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In January 2018, the Judicial Commission of Pakistan (JCP) recommended the elevation of Shah to the Supreme Court as a judge.[8]

He was elevated to a judge of the Supreme Court of Pakistan on 7 February 2018 by President Mamnoon Hussain.[18]

Since joining the Supreme Court, Shah has authored decisions on constitutional law, human rights, and environmental sustainability and focused on judicial reform, including the revamping of the Punjab Judicial Academy.[7]

In October 2013, he remarked that generals of Pakistan Armed Forces and judges of constitutional courts were completely accountable under National Accountability Bureau laws and added that Anti-Corruption and accountability laws apply to them just as they do to politicians.[19][20]

After the six Islamabad High Court judges' letter was released in March 2024, Shahd emphasized the necessity of establishing a firewall around the judicial system, stating that external interference in the judiciary must be avoided[21] and also stated that compromised judges should be removed from the judiciary.[22]

In his address to the annual Asma Jahangir Conference held in April 2024, he expressed dissatisfaction with the history of the Judiciary of Pakistan, pointing out that "mafias" have been influencing the judicial system. He criticized the global rankings of the Pakistani judiciary and stated that judges who do not fulfill their duties should be removed. He emphasized that there should be no compromise in keeping corrupt and underperforming judges.[23]

In April 2024, reports emerged that the Prime Minister Shahbaz Sharif-led PML-N government might amend the Constitution of Pakistan to eliminate the 65-year age limit for the Chief Justice of Pakistan. This prompted concerns from the legal community, with some arguing that Parliament of Pakistan was not fully representative and lacked the constitutional, democratic, and moral authority to legislate legitimately.[24] In May 2024, amid continued rumors of PML-N led government plans to amend the Constitution to extend Chief Justice Qazi Faiz Isa's tenure, the Pakistan Tehreek-e-Insaf (PTI) announced it would oppose such moves. Isa was set to retire in October 2024, after which Shah, as the Senior Puisne Judge, was expected to take over as Chief Justice.[25]

On 14 September 2024, the government formally proposed a constitutional amendment to set the Chief Justice of Pakistan's tenure at three years.[26] However, according to legal experts, the suggested constitutional amendment was aimed to block Shah from taking the position of chief justice.[27][28] However, the government was unable to reach a consensus with its allies and failed to pass the constitutional amendment by 17 September.[29]

Following which, the All Pakistan Lawyers Convention opposed the notion of any constitutional changes or the creation of a new constitutional court. They called for the immediate issuance of a notification to appoint Shah as the next Chief Justice of Pakistan.[30] On September 18, Chairman of the Pakistan People's Party Bilawal Bhutto Zardari also expressed his belief that Shah would assume the role of the next chief justice.[31]

On 21 September, the federal government issued a presidential ordinance to amend the Supreme Court's Practice and Procedure Act 2023 to grant the chief justice greater powers. Within hours of the enactment of the amended ordinance, Chief Justice Isa reconstituted the three member committee of senior-most judges by replacing Munib Akhtar with Aminuddin Khan.[32] On 21 September, Shah wrote a letter to the Secretary of the Supreme Court, stating his boycott to attend the judges' committee meeting due to the new ordinance. He expressed his strong objections to the Practice and Procedure Ordinance and referred to the committee as a "one-man show," pointing to the Chief Justice Isa. He also expressed concerns regarding Akhtar's removal from the committee and called for the formation of a full court to address the implications of the newly enacted Practice and Procedure Amendment Ordinance. This letter underscored significant internal tensions among the Supreme Court judges.[33] [34] Imran Khan, while incarcerated, also backed Shah's position on the Practice and Procedure Act and voiced his support for Shah's stance.[35]

On the same day, Shah also released a much-awaited majority detailed verdict on the PTI Reserved seats case,[36] which received praise from legal experts across the country.[37] Legal experts described the verdict in which Shah grilled the ECP as "unprecedented."[38] The PML-N dismissed the judgment as "a political decision." The DAWN editorial stated,"government should either file for a review or accept it [read judgment] as is. Refusing to implement it is a dangerous strategy; it may unravel the entire edifice of the state."[39] The Express Tribune editorial also stated "It leaves no option for the government or the ECP but to submit and implement the decision [read judgment] in toto."[40]

References

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  1. ^ "Syed Mansoor Ali Shah takes oath as new LHC CJ". Dunya News. 28 June 2016. Retrieved 4 November 2016.
  2. ^ a b "Who is Justice Syed Mansoor Ali Shah, the next chief justice of Pakistan?". Dunya News. 12 January 2024. Retrieved 23 September 2024.
  3. ^ "جسٹس منصورعلی شاہ نے سپریم کورٹ کے جج کی حیثیت سےحلف اٹھالیا". jang.com.pk. Retrieved 23 September 2024.
  4. ^ "Justice Syed Mansoor Ali Shah". Supreme Court of Pakistan. Retrieved 13 July 2024.
  5. ^ a b "Justice Syed Mansoor Ali Shah". data.lhc.gov.pk. Lahore High Court. Retrieved 13 July 2024.
  6. ^ Ahmed, Waseem (23 January 2017). "VIEW FROM THE COURTROOM: Filling judges vacancies tough challenge for PHC CJ". Dawn. Dawn Group. Retrieved 22 June 2017.
  7. ^ a b c d e "Shah's Revolution". Newsweek Pakistan. 24 September 2016. Retrieved 23 September 2024.
  8. ^ a b Malik, Hasnaat (18 January 2018). "After CJP, JCP proposes elevation of LHC Chief Justice Mansoor Ali Shah as SC judge". The Express Tribune. Retrieved 23 September 2024.
  9. ^ "PC declines to extend term of four additional judges". DAWN.COM. 2 February 2011. Retrieved 23 September 2024.
  10. ^ "LHC hails Maryam's decision to resign". DAWN.COM. 15 November 2014. Retrieved 23 September 2024.
  11. ^ "Ijazul Ahsan takes oath as LHC CJ". DAWN.COM. 7 November 2015. Retrieved 23 September 2024.
  12. ^ "LHC judge lauded for environment protection efforts". The Express Tribune. 8 May 2016. Retrieved 23 September 2024.
  13. ^ a b c Sheikh, Wajih Ahmad (29 June 2016). "New CJ introduces reforms on first day in office". DAWN.COM. Retrieved 23 September 2024.
  14. ^ "Unprecedented move: LHC to evaluate its own judges' performance". The Express Tribune. 5 January 2017. Retrieved 23 September 2024.
  15. ^ "LHC CJ discloses information about his family-owned business". Brecorder. 15 July 2017. Retrieved 23 September 2024.
  16. ^ "LHC CJ presents himself for accountability". The Express Tribune. 14 July 2017. Retrieved 23 September 2024.
  17. ^ "IHC dismisses petition against LHC CJ". The Express Tribune. 14 July 2017. Retrieved 23 September 2024.
  18. ^ "Who is Justice Syed Mansoor Ali Shah, the next chief justice of Pakistan?". Dunya News. 12 January 2024. Retrieved 13 July 2024.
  19. ^ "Generals, Judges Must Also Be Subject To Accountability Law: Justice Mansoor Ali Shah's Dissenting Note". The Friday Times. 30 October 2023. Retrieved 23 September 2024.
  20. ^ "Army officers, judges 'fully liable' under NAB laws: Justice Mansoor Shah". Pakistan Today. 30 October 2023. Retrieved 23 September 2024.
  21. ^ "Justice Mansoor Ali Shah stresses need to develop 'firewall' around judicial system to deter interference". DAWN.COM. 27 April 2024. Retrieved 21 September 2024.
  22. ^ "'Compromised judges should be thrown out': Justice Mansoor". Brecorder. 8 May 2024. Retrieved 21 September 2024.
  23. ^ "There Are Black Spots On Judiciary's History: Justice Mansoor Ali Shah". The Friday Times. 27 April 2024. Retrieved 23 September 2024.
  24. ^ "Speculated CJP Tenure Extension: Legal Community Expresses Concerns". The Friday Times. 20 April 2024. Retrieved 22 September 2024.
  25. ^ "PTI Hopes To Block Any Legislative Move To Grant CJP An Extension". The Friday Times. 4 May 2024. Retrieved 22 September 2024.
  26. ^ Raza, Syed Irfan (14 September 2024). "'Constitutional Package' set to see light of day". DAWN.COM. Retrieved 21 September 2024.
  27. ^ "PTI lawyers spurn constitutional package". DAWN.COM. 20 September 2024. Retrieved 21 September 2024.
  28. ^ "Constitutional changes could threaten judicial independence: Abid Zuberi". The Express Tribune. 16 September 2024. Retrieved 21 September 2024.
  29. ^ Raza, Syed Irfan (17 September 2024). "'Constitutional Package' goes into cold storage". DAWN.COM. Retrieved 22 September 2024.
  30. ^ "Lawyers reject constitutional court, call for notifying Justice Mansoor as CJP". www.thenews.com.pk. Retrieved 21 September 2024.
  31. ^ Ayub, Imran (19 September 2024). "Justice Mansoor Ali Shah to become next CJP, says Bilawal". DAWN.COM. Retrieved 21 September 2024.
  32. ^ Iqbal, Nasir (21 September 2024). "Ordinance gives CJP wide berth to shape benches". DAWN.COM. Retrieved 23 September 2024.
  33. ^ "Justice Shah refuses to attend judges committee meeting after promulgation of new ordinance". www.thenews.com.pk. 23 September 2024. Retrieved 23 September 2024.
  34. ^ "'One-man show': Justice Mansoor Ali Shah voices strong objections to Practice, Procedure ordinance". The Express Tribune. 23 September 2024. Retrieved 24 September 2024.
  35. ^ "Imran Khan backs Justice Mansoor Ali Shah's stance on practice procedure committee". The Express Tribune. 24 September 2024. Retrieved 24 September 2024.
  36. ^ "Election authorities denying major political party recognition infringes upon electorate's rights: SC". DAWN.COM. 23 September 2024. Retrieved 23 September 2024.
  37. ^ "'Chargesheet against ECP': Legal experts hail SC's detailed verdict on reserved seats". DAWN.COM. 23 September 2024. Retrieved 23 September 2024.
  38. ^ Iqbal, Nasir (24 September 2024). "Judges bring spat out in the open". DAWN.COM. Retrieved 24 September 2024.
  39. ^ "Reserved seats". DAWN.COM. 24 September 2024. Retrieved 24 September 2024.
  40. ^ "ECP 'foul play'". The Express Tribune. 24 September 2024. Retrieved 24 September 2024.