Former Supreme Court Justice Returns to Legal Practice


Justice (retd) Syed Mansoor Ali Shah announces commencement of legal practice amid praise, criticism

Justice Syed Mansoor Ali Shah. PHOTO: LHC

ISLAMABAD:

Former Supreme Court Justice Syed Mansoor Ali Shah has formally announced the start of his legal practice, focusing on national and international arbitration, mediation and strategic legal consulting, in addition to continued involvement 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 scholar,” the profile statement reads.

In his resignation letter, Justice Shah observed that continuing to serve in a court deprived of his constitutional jurisdiction would be tantamount to accepting a constitutional error, and that stepping aside was the only honest and effective way to honor his judicial oath.

His decision, he wrote, was an act of principle to defend constitutional supremacy and preserve judicial independence.

His profile further states that Justice Shah was on track to take over as the 45th Chief Justice of Pakistan, but was excluded through the controversial 26th Constitutional Amendment, which altered the seniority structure of the Supreme Court. The constitutionality of that amendment remains under judicial questioning.

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

“I am available to be appointed 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 over 450 reported judgments and decided over 5,000 cases, significantly shaping commercial, constitutional and rights-based jurisprudence.

In parallel with his judicial work, he emerged as a leading voice in arbitration, mediation, judicial innovation and the principled 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 judiciary and openly questioned frequent lawyers’ strikes.

After a clash with a section of 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 Supreme Court bench without his consent in the Peshawar Registry.

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

Justice Shah was also among the judges who ensured the continuity in office of Justice Qazi Faez Isa, quashing the presidential petition seeking his removal during the PTI government.

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

Justice Shah was also the author of the majority opinion holding that the PTI was entitled to reserved seats after the general elections on February 8, 2024, a decision that displeased the current regime.

Although he was on his way to becoming Chief Justice of Pakistan, he was replaced by the 26th Constitutional Amendment.

Despite this, he continued to serve as a senior judge of the Supreme Court, but was excluded from the constitutional courts. He continued to raise his voice for 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 bar associations.

Lawyers have expressed divergent opinions on their decision to begin practicing law.

Newly elected member of the Pakistan Bar Council, Advocate Salahuddin Ahmed, said that after his resignation, Justice Shah was free to follow any career path he chose.

“But what a disgrace that a man whose legal wisdom is sought after by top American Ivy League institutions, such as Yale and the University of Pennsylvania, is lost to our judicial system due to the political expediency and greed of some colleagues,” he added.

However, another section of lawyers believes that Justice Shah should have demonstrated resistance to judicial independence through engagement with the bar associations.

At the same time, there is a stark divide 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 Solicitor General Tariq Mahmood Khokhar, commenting on Justice Shah’s decision, said the dominance of the state over the nation had been catastrophic.

“Our democratic order has disappeared; the constitutional order has collapsed with it. In times like these, to exchange constitutional guardianship for paid consulting is to confuse skill with purpose. Teaching and arbitration, no matter how noble, in isolation, cannot replace resistance to tyranny,” he said.

Khokhar added that the rule of law and democracy are not shaped solely by the courts.

“This is not the time to choose quiet comfort over civic strife. The silence of the learned 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 suited to help recover what has been lost time and time again,” he said.

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