Senior Puisne Judge Justice Mansoor Ali Shah of the Supreme Court has confirmed he will not resign following his supersession by Justice Yahya Afridi, countering media speculation suggesting he was advised to step down. Sources close to Justice Shah categorically denied these reports, asserting that no such conversation took place during a meeting between the two judges.
When inquired about Justice Shah’s continued service, sources reiterated that he plans to remain in his judicial role, with similar assurances given for Justice Munib Akhtar, who also intends to stay in his position. It’s important to highlight that the Constitution does not obligate judges who have been superseded to resign. Historical instances show that several senior judges have continued their tenure despite being overlooked for higher positions.
For example, in 1994, Justice Saad Saood Jan was bypassed for the Chief Justice role, which was offered to Senior Puisne Judge Justice Ajmal Mian. Out of respect for Justice Saad, Justice Mian declined the offer, as did the second senior-most judge, Justice Abdul Qadeer Chaudhry. Ultimately, Justice Sajjad Ali Shah, who was lower in seniority, accepted the Chief Justice position, yet both Justice Mian and Justice Chaudhry continued to serve on the Supreme Court without resigning.
Similarly, in 1976, after Justice Sardar Muhammad Iqbal’s term as Chief Justice of the Lahore High Court, Justice Aslam Riaz Hussain was appointed to succeed him, overlooking Justice Maulvi Mushtaq Hussain. Despite this, Justice Maulvi Mushtaq chose to remain in his role and continued his judicial responsibilities after the 1977 martial law, illustrating a precedent for superseded judges to maintain their positions without stepping down. This situation underlines the resilience and independence of the judiciary in Pakistan, emphasizing that such transitions do not necessitate resignation.
