Islamabad:
Once again, Chief Justice of Pakistan Yahya Afridi has refused to give a noc to senior puisne -judge Mansoor Ali Shah to go abroad to attend events.
It is learned that justice Syed Mansoor Ali Shah last month was invited to participate in Global Constitutional 2025 at Yale Law School, Yale University, USA from 10 to 13 September.
Justice Shah was invited over the past five years to attend the event, where senior judges from around the world participate in dialogue with leading scholars from Yale, Harvard and Princeton.
This year, Justice Shah was to present a paper on ‘artificial intelligence and rating’.
Even Yale Law School had formally written for CJP Afridi and sought justice Shah’s official nomination. On August 6, Justice Shah also made the same request.
Later, the SC registrar had responded to Yale Law School that the Supreme Court in Pakistan would not be able to facilitate the participation of justice Shah in the event.
The registrar said the Justice Secretary said that the highest year for the highest began on September 8 each year, and this apartment is traditionally characterized by significant institutional activities, including a comprehensive full court session for judges for review and strategy for the coming year, as well as an interactive commitment with the legal fraternity.
It is also said that this year the day assumes particular importance, as the Supreme Court has recently promised a new version of its rules, which creates a more comprehensive, technology -driven framework for the court’s operations. In this context, the presence and participation of all judges in the opening of the judicial year are indispensable for collective consideration, priority setting and institutional direction.
“Given these compelling obligations, Pakistan’s Supreme Court would not be able to facilitate the participation of the HON’BLE referee in your reputed event. We deeply appreciate our institutional and academic ties and remain hopeful about future opportunities for cooperation and commitment,” the letter written by SC Registrar told Yale Law School.
On August 15, Justice Shah wrote a letter to CJP Afridi to get his response to his NOC request.
He had given several reasons to justify his visit abroad. Justice Shah said he did not fully depleted the summer holidays and during the CJP Afridi Office period he decided 3956 cases.
Likewise, Justice Shah said he is also not a member of the constitutional bench or any administrative committee, and now that the court has a strength of 25 judges, his temporary absence would in no way interfere with the function of the court.
Justice Shah said his journey is scheduled to begin during the summer holidays (September 5) and quit shortly thereafter (September 13).
Justice Shah has also told CJP Afridi that unnecessary delay or unreasonable rejection in a question of this species risks creating the notion that some judges are punished for having independent views – especially when leave has been awarded to other judges for events in much less academic or professional status.
“Such perceptions, whether accurate or not, can be deeply harmful to the credibility and collegiality of this court. As the senior Puisne, the Supreme Court, I make this request in the expectation that it will be treated that way and with courtesy it deserves,” says Justice Shah Letter.
Justice also told CJP that in the event that he does not decide his request, he would be limited to sharing this correspondence with the welcoming institutions so that they know why he is unable to travel and so they can evaluate transparency, collegiality and respect for judicial independence within this court.
Justice Shah had also emphasized that the Supreme Court is not a regimental strength such as the office administration or the armed forces; It does not work on a command system and control, but derives its strength from the independence of his judge.
“Restrictions, procedural obstacles and delays of the kind that encountered during your administration may be perceived as measures intended to manage judges against compliance rather than independence – a course that would weaken the court’s constitutional foundations and corrode the principles themselves on which its authority rests.”
Despite the righteousness shah letter, CJP Afridi had refused to issue noc to him to raise the United States.
It is also learned that Justice Shah was also encouraged to speak in the New York City Bar Association on September 8 and to participate in an academic dialogue with Professor Noah Feldman at Harvard University on September 10.
This is not the first time CJP Afridi does not allow him.
In February, he was unable to fly to Saudi Arabia to attend two events in arbitration for lack of ex-Pakistan leave.
Justice Shah was invited to provide key notes at two events in the arbitration week in Riyadh, Saudi Arabia organized by Al Baraka Forum and Organization of Islamic Cooperation Arbitration Center (OIC-AC).
During that week, Justice Shah also wanted to perform Umrah before the start of Ramazan.
Senior Puisne judge had made a request to CJP Yahya Afridi about Ex-Pakistan-Orlov well in time, who remained unanswered and compelling Justice Mansoor to cancel his trip to Saudi Arabia as his magazines could not be sanctioned.
