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March 29, 2024
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Lahore
EditorialDivide in benches

Divide in benches

Given the direction of the country’s politics, a distinct schism is obvious in the court as well. The action taken by a two-thirds majority in the Supreme Court’s self-notice case related to the delay in the issuance of the date of the elections to the provincial assemblies of Punjab and Khyber Pakhtunkhwa, and in this regard, Justice Mansoor Shah and Justice Mandokhel have become the talk of the town. Ali Shah and Judge Jamal Khan Mandokhel wrote a comprehensive 27-page dissenting opinion. According to the contentious decision, the political situation in the country is tense due to political party divisions. The Supreme Court acted on its initiative because the case was pending in the high courts of Lahore and Peshawar. According to the renowned justices, the Supreme Court ruling is about four judges, not three, but the dissent of Justice Yahya Afridi and Justice Atharmanullah was not included in the main decision, implying that they were benched against their choice. The learned Justices described their decision as a continuation of Justice Yahya Afridi and Justice Athar Minullah’s decision and rejected the Chief Justice’s suo motu notices as well as all petitions submitted.

There should be no mistake that the court, like other national institutions, is split. Deteriorating conditions and the rule of law necessitate the Supreme Court’s entire bench to decide on delicate subjects. To address the flaws identified by the two erudite judges in their decision, the whole court should convene and agree on a legal strategy. The distinguished judges correctly stated in their decision that the Supreme Court of a democratic country should not be regarded as a royal court in which the king’s decree is the final word, whereas, in a democracy, the constitution approved by the elected legislature of the people is considered supreme.

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