ISLAMABAD: As per the sources close to Supreme Court’s Justice Mansoor Ali Shah, the senior puisne judge, who has been replaced by Justice Yahya Afridi for the post of chief justice under the 26th Constitutional Amendment, is not planning to step down.
Some media outlets earlier claimed that Justice Mansoor was advised to take retirement after his junior superseded him.
The sources dismissed the claims that chief justice-elect Justice Yahya advised him to resign during their in-chamber meeting. “Total lie, nothing like that happened,” the insider said, dismissing the reports.
When asked if Justice Mansoor, would stay on as a Supreme Court judge, this scribe received confirmation from people close to him that he would not be leaving his post. Another source claimed that Justice Akhtar will also stay and he too has no plan to resign.
It’s important to note here that the Constitution does not require superseded judges to step down. In the past, some senior judges were passed over but continued to serve as judges in both the Supreme Court of Pakistan and the high courts despite being superseded.
In 1994, the government bypassed Justice Saad Saood Jan and offered the position of chief justice to Senior Puisne Judge Justice Ajmal Mian, who refused out of respect for Justice Saad. The second senior-most judge Justice Abdul Qadeer Chaudhry also declined the offer. However, Justice Sajjad Ali Shah, who was fourth in seniority list, accepted the role of chief justice.
Despite being superseded, both Justice Ajmal Mian and Justice Abdul Qadeer did not resign and continued to serve as judges in the Supreme Court. Similarly, in 1976, after Justice Sardar Muhammad Iqbal completed his four-year term as chief justice of the Lahore High Court, the government appointed Justice Aslam Riaz Hussain as the new chief justice, overlooking Senior Puisne Judge Justice Maulvi Mushtaq Hussain.
Despite being superseded, Justice Mushtaq did not resign. After the 1977 martial law, when Justice Aslam Riaz Hussain was appointed acting governor, Justice Mushtaq was given the charge as acting chief justice of the Lahore High Court. He continued his judicial duties without stepping down.
