Islamabad:
Five judicial officers, who were members of the senior judge of Puisne of the Judge of the Supreme Court, Syed Mansoor Ali Shah, at the Federal Judicial Academy (FJA), have been repatriated to their Parent Department, which is the Superior Court of Lahore.
“In the exercise of powers conferred by subsection (3) of Section 11 of the Law of the Federal Judicial Academy, 1997 (XXVIII of 1997), the honorable justice of Pakistan/President, the Board of Governors of Governors of the Judicial Academy is pleased to repatriate the judicial officers, currently presented at the Judicial Academy, Islamabad of the Diputación, to its patrientes of the department of Paternidad Federal, the director of the Federal, according to the state of the Federal Paternity.
These judicial officers are a district judge and Jazela Aslam sessions, additional judge of the district and sessions Muhammad Amir Munir, the additional judge of the District and the sessions, Dr. Rai Muhammad Khan, Additional District Judge and Sessions Raja Jahanzaib Akhtar and Civil Judge/Judge Judgistado de Shazia Munawar.
Officers must inform the Superior Court of Lahore about the use of usual union time, as admissible according to the rules. His repatriation is being considered as a result of the continuous clash between the CJP Afridi and Judge Shah, who is also replaced by Judge Miangul Hassan Aurengzeb as in charge of the FJA.
The relationship between two main SC judges is not cordial in recent months. There are even reports that Judge Shah did not attend the Ifar dinner given by CJP Afridi at CJP House last week. A source affirms that Judge Shah and Judge Athar Minallah were not invited to dinner.
Previously, Judge Syed Mansoor Ali Shah could not fly to Saudi Arabia for attending two events in arbitration due to lack of ex-pakistan license.
Judge Shah was invited to deliver key notes in two events in the Week of Arbitration in Riyadh, Saudi Arabia, organized by the Al Baraka forum and the organization of the Islamic-Arbitration Cooperation Center (OIC-AC).
During the week, Judge Shah also wanted to make Umrah before the start of the Sacred Month of Ramazan.
The senior judge of Puisne had made a request to CJP Yahya Afridi for former Pakistan, which was left unanswered, which forced Judge Mansoor to cancel his trip to Saudi Arabia since its leaves could not be sanctioned.
Similarly, four judges, who opposed the elevation of the judges of the Court superior to the APEX court, have been eliminated from the key administrative committees under the CJP restructuring plan Yahya Afridi.
CJP Aphridi reconstituted several committees, replacing senior judges with the Junior. Those excluded from critical roles included Judge Syed Mansoor Ali Shah, Judge Munib Akhtar, Judge Ayesha Malik, Judge Athar Minallah and Judge Aqelh Ahmad Abbasi.
The lawyers consider that this is a clash between beneficiaries and judges harmed by the 26th constitutional amendment.
If the Aphridi CJP constituted a complete court to listen to requests against the 26th constitutional amendment, the situation could have been different, the legal experts said.
Two judges, Judge Mansoor Ali Shah and Judge Munib Akhtar, who formed the majority in the pertinent committee, had ordered the constitution of a full court to listen to the requests in the first week of November.
However, instead of listing the case, CJP Aphridi convened a meeting of the Judicial Commission of Pakistan (JCP) to select judges for the Constitutional Bank. The Constitutional Bank has not yet decided requests against the 26th constitutional amendment.
Subsequently, a bank of three judges led by Judge Shah had raised a question if the regular bank could be prohibited to judge the issues related to the interpretation of the law and the Constitution after the 26th constitutional amendment.
However, the case was removed from that regular bank by the committees.
A Division Bank of the Apex court led by Judge Syed Mansoor Ali Shah said that the members of both committees violated the court order and withdrew the case of the regular bank. The bank commented that the members of the committees have committed contempt; Therefore, the full court must be constituted to initiate the procedure.
However, the members of the Constitutional Bank were visibly upset and set aside the judicial orders of the regular bank. Recently, the Federal Government also presented appeals within the Court against regular bank orders in a matter of contempt.
The lawyers believe that the clash between the SC judges intensified after the issuance of the contempt notice to the additional registrar Nazar Abbas.
They also say that if the clash continues between the high -ranking SC judges, the superior judiciary will weaken even more and the situation will be favorable for the beneficiaries of the 26th constitutional amendment.
