New Delhi: The debate around the appointment of Pakistan’s Chief Justice refuses to die down. Days after Judge Yahya Afridi was named the CJP amid a hasty constitutional amendment which came under heavy criticism, Justice Syed Mansoor Ali Shah—who was in line to be the next CJP on the basis of seniority—has publicly criticised outgoing CJP Qazi Faez Isa, refusing to attend a full court reference held in his honour. Isa leaves office on 25 October.
In a sharply worded letter, Justice Shah expressed his dissatisfaction with Isa’s leadership, claiming it has undermined the integrity of the judiciary and created divisions among colleagues. His letter has seen divided reactions. While some support his criticism, others think he’s a “sore loser”.
“I cannot, in good conscience, celebrate such a tenure,” Justice Shah declared, detailing a litany of grievances against Isa.
He accused the outgoing chief justice of failing to uphold the collegiality essential for judicial harmony and of neglecting his responsibilities as a leader.
“Through a pattern of self-righteousness he consistently failed to engage in dialogue and refused to lead with the consensus-building that is the hallmark of judicial leadership. He has little regard for the judgments of this Court and has contemptuously and unashamedly suggested that they may not be implemented by the Executive, He has fostered bitter divisions and fractured relationships of colleagues within the Court leaving scars on the judiciary that will last long. His tenure will be defined by pettiness, vindictiveness, and a lowly approach to administrative matters, having no grace or humility”, Shah wrote.
Shah’s decision to skip the reference was not a spontaneous reaction; he has a history of boycotting such ceremonies when he thinks that a judge’s conduct warrants criticism. In his letter, he recounted a similar stance taken against former Chief Justice Mian Saqib Nisar, emphasising that honouring judges should reflect their merit and commitment to justice.
The tensions reached a boiling point when several other judges, including Justice Munib Akhtar and Justice Ayesha Malik, reportedly joined Shah in boycotting the reference. Shah’s criticism extended beyond internal dynamics. He likened Isa to an ostrich with its head in the sand— suggesting that the chief justice failed to stand firm against intimidation and interference from political entities. “Instead of being a bulwark against such influences, he opened the gates wide, compromising the judiciary’s sacred role as a check on power,” Shah wrote.
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Divided reactions
Public reaction to the letter has been polarised.
Supporters of the Pakistan Tehreek-e-Insaf (PTI) lauded Shah’s stand, while those aligned with the Pakistan Peoples Party (PPP) condemned it. Prominent figures, such as PTI spokesperson Raoof Hassan, described the letter as a “lethal indictment” of Isa’s legacy.
“A lethal indictment of Qazi Faez Isa by Justice Mansoor Ali Shah whose contents constitute the legacy of shame & ignominy that the retiring judge will have to live with. The damage he alone did to SC surpasses the damage that all previous erring judges accumulated over 76 years”, Hassan wrote on X.
Politician and barrister Abdullah Mumtaz Kahloon, referring to the letter, said that it “pretty much sums” Isa. Journalist Shoaib Abbasi said, “this criticism is more of a medal for Qazi Isa.”
Journalist Moiz ur Rahman was bereft of a response and simply said, “OH MY MY! Goodness Gracious! Well done Justice Mansoor Ali Shah!”
However, not all responses were supportive of Shah’s actions. Economist Yousuf Nazar called for the removal of both Shah and Justice Munfib Akhtar from the Supreme Court, accusing them of scandalising the judiciary. In another post on X he wrote, “It is unfortunate that Justice Mansoor Ali Shah, an otherwise competent and well qualified judge, has been infected with the populist virus that has poisoned the body politic of Pakistan. He has stooped low as to writing letters that read like posts from the PTI troll brigade on the social media.”
Omar Quraishi, former media advisor to Bilawal Bhutto Zardari, said the letter was like an essay topic for a class 9 student. “Essay topic for Class 9 English: Write an essay – preferably laced with bitterness, insolence and pettiness – on why you’re angry at the school principal and won’t be attending his farewell dinner,” he wrote. One X user simply called Mansoor a “sore loser”.
Before the amendments, Justice Shah was in line to assume the role of chief justice. However, following the changes, the committee quickly convened and appointed a relatively junior judge, Justice Yahya Afridi, to the position. Shah is departing for Umrah with his family and will not attend either the full court reference or the swearing-in ceremony for Justice Afridi, The Express Tribune reported.
(Edited by Aamaan Alam Khan)