Supreme Court (SC) Senior Puisne Judge Mansoor Ali Shah has said that SC justices have a responsibility to “speak truth to power, guided by the Constitution as their unwavering normative anchor”, in an interview seen by Dawn.com on Monday.
Shah has previously expressed that the judiciary needs to stand against influence or pressure from the executive. In November 2024, he said, “The independence of the judiciary is the cornerstone of justice, and its true test lies in a judge’s ability to stand firm under authoritarian regimes.”
Speaking exclusively to law magazine The Legal, Shah said that the role of SC justices must be understood as that of protectors of the Constitution and fundamental rights rather than as policymakers.
“Judges must balance respect for legislative intent with a commitment to constitutional principles, ensuring that the judiciary acts as an impartial arbiter rather than a policymaker,” he said in response to a question about the role of SC judges amid a shifting legal landscape.
“Their role demands not only legal expertise but also wisdom, courage, and humility, as their decisions profoundly impact individuals and society at large,” he added.
“At the heart of this role lies a deeper philosophical imperative: judges must speak truth to power, guided by the Constitution as their unwavering normative anchor.”
Justice Shah noted that this responsibility “requires not compromise but courage to defy political pressures, resist majoritarian impulses, and stand firm in the face of injustice”.
“Let future jurists not be defined by fear or fatigue, but by purpose. Let them carry forward a judiciary that is not complicit in silence, but committed to struggle. The Constitution doesn’t just need protection it needs protectors,” he emphasised.
Previously, Shah termed the passing of the 26th Constitutional Amendment “one of its (the judiciary’s) weakest moments in our history”, expressing concern that executive overreach was interfering in judicial affairs and processes.
In a letter to SC Justice Jamal Khan Mandokhail written in December, Shah wrote, “This unprecedented shift in the composition of the JCP (Judicial Commission of Pakistan) poses grave risks, including the potential for political appointments and the packing of courts with judges lacking an ideological commitment to the rule of law.”
In a landmark decision in May, the SC allowed civilians accused in the May 9, 2023 riots — triggered by the arrest of former Prime Minister Imran Khan — to be tried in military courts, overturning an earlier ruling that declared military trials of civilians null and void.
However, the decision was not unanimous — the two dissenting judges, Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan — declared military court convictions “without jurisdiction” and unconstitutional. Rights groups and leaders of Pakistan Tehreek-i-Insaf (PTI) have likewise decried the ruling, citing concerns over due process.
The legal fraternity weighed in too, warning that the judgment threatened the right to a fair trial and chipped away at civilian justice system.
