Islamabad:
While cracks are deepened within the Supreme Court and the constitutional bench expresses visible dissatisfaction with the regular initiation of the Opportering procedural bench, legal experts think that judge Syed Mansoor Ali is captured between conflicts internal and malignant forces “ external clever ”.
The former additional prosecutor Tariq Mahmood Khokhar believes that the presence of judge Shah on the bench prompted fear in certain circles.
“His sworn enemy is the illusion of the establishment. They are petrified that the judge of then senior has a program,” said Khokhar.
Khokhar explained that certain forces believe that judge Shah aims to cancel the 26th amendment, to cancel non -representative legislatures and to order the rule of law, judicial independence and parliamentary democracy.
He also noted that it was also expected that judge Shah could do justice to the former Prime Minister imprisoned Imran Khan and his besieged party, PTI. However, he noted that such fears were incredible for an institution under their control.
He rejected such concepts, saying that judge Shah is “neither revolutionary nor seeks martyrdom or confrontation with the establishment”. Instead, he described it as “a man learned, honorable, honest, conscientious and decent of impeccable integrity” “committed to doing justice by his oath and the Constitution.
“We have a national crisis, a national tragedy or
Farce based on delusions, “added Khokhar.
An erroneous strategy?
However, not all legal experts agree with Judge Shah’s approach to resolve questions related to the 26th constitutional amendment.
A main lawyer, while choosing to remain anonymous, criticized the strategy of Judge Shah, warning that he was likely to alienate his colleagues judges instead of promoting unity.
“In my opinion, the strategy adopted by judge Shah is imperfect. He will offend and divide the judges when they have to be united.” He said.
Meanwhile, some lawyers criticize the constitutional bench to cancel the judicial orders issued by the ordinary bench.
Lawyers allege that efforts were underway to isolate judge Shah within the SC, potentially forcing him to resign.
It should be noted that the relationship of judge Shah with the former CJP Qazi Faez Isa and his judges sharing the same ideas took a tour for the worst after the judgment of the case of the reserved seats. The decision finally sealed the agreement on Judge Shah who was not appointed CJP following.
The majority of judges with similar views of ex-CJP ISA are now on the constitutional bench, further complicating questions.
A certain number of judges also supported the pursuit of the 26th amendment, which gave him a hand when he counted.
The lawyer Asad Rahim Khan declares that despite the introduction of bizarre committees with the committees by recent laws aimed at undermining judicial independence, judge Syed Mansoor Ali Shah made an exceptionally well -linked order. This order properly applies the previous one, distinguishes judges and administrators, and is meticulously based in law.
“After a whole year of reading the legally inconsistent decisions of Qazi Faez Isa, an order of this quality looks like rain in the desert,” he said.
Khan also claims that it has become obvious to all random administrative directives cannot bypass legal declarations. Although the case concerns only the court, it should be noted that the current crisis will persist until the full bench solves the fate of the 26th amendment. The more undecided it, the more the executive must be in mass towards mass judges in the upper courts – a trend which should not influence the affair of the amendment.
