Justice (retd) Syed Mansoor Ali Shah announces to start legal practice amid praise, criticism
Judge 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 international and domestic arbitration, mediation and strategic legal advice, alongside continued involvement in teaching.
According to his LinkedIn profile, Justice Shah resigned from the Supreme Court of Pakistan on 13 November 2025 on a constitutional principle, in allegiance 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, adviser and academic,” the profile statement reads.
In his resignation letter, Justice Shah noted that continuing to serve on a court stripped of its constitutional jurisdiction would amount to consent to a constitutional wrong 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 uphold constitutional supremacy and preserve judicial independence.
His profile further states that Justice Shah was in line to assume office as the 45th Chief Justice of Pakistan but was disqualified through the controversial 26th Constitutional Amendment, which changed the seniority structure of the Supreme Court. The constitutionality of this amendment remains under legal challenge.
It also mentions that Justice Shah currently serves as Distinguished Professor of Practice at LUMS, with upcoming teaching roles at Yale Law School (2026) and as Bok Professor at the University of Pennsylvania Carey Law School (2027).
“I am available for appointment as an arbitrator and mediator, and 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 more than 5,000 cases, significantly shaping commercial, constitutional and rights-based jurisprudence.
Alongside his legal work, he emerged as a leading voice in arbitration, mediation, legal 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 at the Peshawar Registry.
During the tenure of former Chief Justice Asif Saeed Khosa, Justice Shah was the signatory of the judgment which ruled that the treason case against former military ruler Pervez Musharraf could continue without recording his statement under Section 342 of the CrPC.
Justice Shah was also among the judges who ensured Justice Qazi Faez Isa’s continuation in office, quashing the President’s reference seeking his dismissal under the PTI rule.
He was also part of the bench that overturned the order of lifetime disqualification of legislators under Article 62(1)(f) of the Constitution.
Justice Shah further authored the majority opinion which held that the PTI was entitled to reserved seats after the 8 February 2024 general elections, a decision that displeased the current regime.
Although he was in line to become the Chief Justice of Pakistan, he was superseded through the 26th constitutional amendment.
Despite this, he continued to serve as the chief puisne judge of the Supreme Court, but was barred from constitutional benches. He continued to raise his voice for judicial independence after the amendment.
After the passage of the 27th Constitutional Amendment, Justice Shah chose to resign. After his resignation, he did not address the bar.
Lawyers have expressed divergent views on his decision to enter the practice of law.
Newly elected member of the Bar Council of Pakistan, Barrister Salahuddin Ahmed, said that after his resignation, Justice Shah was free to pursue any professional path he chose.
“But what a misfortune that a man whose legal wisdom is sought by top American Ivy League institutions like Yale and the University of Pennsylvania should be lost to our legal system because of political expediency and the greed of some colleagues,” he added.
However, another section of lawyers believes that Justice Shah should have demonstrated opposition to judicial independence through cooperation with bar associations.
At the same time, there is a sharp division 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 Attorney General Tariq Mahmood Khokhar, commenting on Justice Shah’s decision, said the state’s takeover of the nation had been disastrous.
“Our democratic order is defunct; the constitutional order has collapsed with it. In times like these, to exchange constitutional safeguards for paid counsel is to mistake skill for purpose. Teaching and arbitration, however noble, cannot in isolation replace resistance to tyranny,” he said.
Khokhar added that the rule of law and democracy are not shaped from the bench alone.
“This is not the time to choose quiet consolation over a civil contest. The silence of the learned is never neutral; it emboldens the tyrant. “The Court creates a residue of obligation that survives retirement. Justice Shah’s moral and intellectual stature makes him best equipped to help reclaim what has been lost again and again,” he said.
