ISLAMABAD, DEC 7: Supreme Court’s Justice Mansoor Ali Shah on Saturday expressed disappointment over not being able to provide an interpretation of laws due to not being a part of the constitutional bench, which has been formed after the recent judicial reforms, for handling significant cases.
The senior puisne judge expressed his concerns while addressing an event related to children held in Islamabad.
Justice Shah reflected on the implications of the situation, saying that Article 11(3) of the Constitution, which deals with children’s rights requires interpretation.
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“I cannot provide this interpretation anymore; but you can,” he said while pointing his remark toward his colleague, Justice Jamal Khan Mandokhail, who was also attending the session.
He also apologised for repetitively stating the same thing, saying: “I am sorry to keep bringing this up, but what can I do? I am unable to provide this interpretation,” he remarked.
Emphasising the judiciary’s responsibility towards safeguarding children’s rights, Justice Shah remarked that children are not just the future but also an integral part of the present, deserving immediate attention and justice.
He urged judges to prioritise listening to children when they appear in court, highlighting the importance of their voices in legal proceedings. “We often hear the parents but fail to give children the chance to speak,” he said, advocating for inclusivity in decision-making processes involving children.
He also called for the establishment of child-friendly courts across the country to ensure swift resolutions in cases concerning children. He stressed the judiciary’s role in addressing pressing issues like cyberbullying, forced conversions, corporal punishment in schools, and the lack of facilities for children with special needs.
The apex court judge lamented the high number of out-of-school children in the country and outdated practices such as child marriages and harmful customs like “Vani.”
Justice Shah underscored the urgency of reform, stating, “Our justice system must do more for children — they are more important to us than ourselves.”
The senior jurist, in recent times, has brought up the issue of the constitutional bench and Constitutional Amendment on multiple occasions in the past as well. The apex court’s constitutional bench, which doesn’t include Justice Shah, was formed by the Judicial Commission of Pakistan in a split 7 to 5 majority, decision.
He along with Justice Muneeb Akhtar were the two judges who opposed the decision.
More recently, Justice Shah also urged the suspension of JCP meeting until law tweaks issue resolved.
