Former Supreme Court Justice Returns to Practice Law

Justice (retd) Syed Mansoor Ali Shah announces start of legal practice amid praise and criticism

Justice Syed Mansoor Ali Shah. PHOTO: LHC

ISLAMABAD:

Former Supreme Court Justice Syed Mansoor Ali Shah has officially announced the commencement of his legal practice, with a focus on international and domestic arbitration, mediation and strategic legal advice, as well as a continued engagement in teaching.

According to his LinkedIn profile, Justice Shah resigned from the Supreme Court of Pakistan on November 13, 2025 on a matter of constitutional principle, in fidelity to the Constitution and the rule of law.

“My resignation reflects a commitment to independent decision-making, institutional integrity and constitutional supremacy – values ​​that continue to guide my work as an arbitrator, mediator, advisor and academic,” the profile statement read.

In his resignation letter, Justice Shah observed that continuing to serve in a court deprived of his constitutional jurisdiction would amount to acquiescence to constitutional injustice, and that stepping down was the only honest and effective way to honor his judicial oath.

His decision, he wrote, was a principled act aimed at upholding constitutional supremacy and preserving judicial independence.

His profile further states that Justice Shah was set to assume office as the 45th Chief Justice of Pakistan, but was sidelined by the controversial 26th Constitutional Amendment, which changed the seniority structure of the Supreme Court. The constitutionality of this amendment remains contested in court.

It is also mentioned that Justice Shah is currently Professor Emeritus of Practice at LUMS, with upcoming teaching positions at Yale Law School (2026) and as the Bok Professor at the Carey Law School of the University of Pennsylvania (2027).

“I am available to be appointed as an arbitrator and mediator, and I remain committed to the rule of law, constitutionalism, integrity and transparency,” the statement added.

During his tenure on the Supreme Court, Justice Shah authored more than 450 judgments and decided more than 5,000 cases, significantly shaping commercial, constitutional and rights-based jurisprudence.

Alongside his judicial work, he has established himself as a leading voice on arbitration, mediation, judicial innovation and the sensible use of technology and artificial intelligence in legal systems.

During more than sixteen years on the bench, Justice Shah delivered several landmark judgments.

As chief justice of the Lahore High Court, he initiated reforms in the district’s judicial system and openly questioned the frequent strikes by lawyers.

Following a clash with a section of the lawyers, the then Chief Justice recommended his elevation to the Supreme Court.

His relationship with the then Chief Justice Mian Saqib Nisar was not cordial. He had also raised objections to the exclusion of Justice Qazi Faez Isa from a seat in the Supreme Court without his consent at the Peshawar registry.

During the tenure of former Chief Justice Asif Saeed Khosa, Justice Shah was a signatory to the judgment that the treason trial of former military ruler Pervez Musharraf could proceed without recording his statement under Section 342 of the CrPC.

Justice Shah was also among the judges who secured the retention of Justice Qazi Faez Isa in office, overturning the presidential reference seeking his removal during PTI rule.

He was also part of the bench that overturned the decision on life disqualification of legislators under Article 62(1)(f) of the Constitution.

Justice Shah further authored the majority opinion that the PTI was entitled to reserved seats following the general elections on February 8, 2024, a decision that did not please the current regime.

Although he was in the running to become the Chief Justice of Pakistan, he was replaced by the 26th Constitutional Amendment.

Despite this, he continued to serve as a Senior Puisne Justice of the Supreme Court, but was excluded from the constitutional bench. He continued to raise his voice in favor of judicial independence after the amendment.

Following the passage of the 27th Constitutional Amendment, Justice Shah chose to resign. After his resignation, he did not address the bars.

Lawyers have expressed divergent views on his decision to begin practicing law.

Lawyer Salahuddin Ahmed, a newly elected member of the Bar Council of Pakistan, said that after his resignation, Justice Shah was free to pursue the professional path of his choice.

“But how unfortunate that a man whose legal wisdom is sought after by America’s leading Ivy League institutions such as Yale and the University of Pennsylvania is lost to our justice system due to the political opportunism and greed of some colleagues,” he added.

However, another section of lawyers believes that Justice Shah should have shown resistance in favor of judicial independence by engaging with the Bar Associations.

At the same time, there are sharp divisions within the legal fraternity. A faction of lawyers, led by the Independent Group, fully supports the 26th and 27th constitutional amendments, under which the Federal Constitutional Court (FCC) was created.

Former Additional Attorney General Tariq Mahmood Khokhar, commenting on Justice Shah’s decision, said the state’s ascendancy over the nation had been catastrophic.

“Our democratic order is defunct; the constitutional order has collapsed with it. In times like these, to exchange constitutional tutelage for paid advice is to confuse competence with purpose. Teaching and adjudication, no matter how noble, cannot, in isolation, substitute for resistance to tyranny,” he said.

Khokhar added that the rule of law and democracy are not shaped only by judges.

“This is not the time to choose quiet comfort over civic struggle. The silence of scholars is never neutral; it emboldens the tyrant.” Judicial office creates a residue of obligation that survives retirement. Justice Shah’s moral and intellectual stature makes him best equipped to help recover what has been lost again and again,” he said.

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