Justice Mansoor Ali Shah Highlights Judicial Independence in Additional Note on Bhutto Case

Supreme Court of Pakistan’s senior-most judge, Justice Mansoor Ali Shah, has issued an additional note on the Bhutto reference case, underscoring the importance of judicial courage and independence, particularly during times of authoritarian rule. His note serves as a reflection on the critical role of the judiciary in upholding the rule of law and justice, even in the face of external pressures.

Justice Dorab Patel’s Legacy of Courage:

Justice Mansoor Ali Shah commended the late Justice Dorab Patel for his bold dissent in the Bhutto case. Justice Patel opposed the majority decision in the case and later refused to take an oath under General Zia-ul-Haq’s Provisional Constitution Order. According to Justice Shah, this refusal was a significant act of resistance that demonstrated Justice Patel’s unwavering commitment to the principles of justice and judicial independence. He called it a benchmark of bravery, showing how a judge’s true strength lies in their ability to stand firm against external pressures.

Judicial Independence as the Core of Strength:

In his note, Justice Shah emphasized that the judiciary’s real power does not come from holding office but from its ability to safeguard its independence. He pointed out that judges should always prioritize the principles of justice and the rule of law, particularly during authoritarian regimes.

He wrote, “Judicial courage is measured by the ability to withstand external pressures. A judge’s true power lies not in their position but in their dedication to maintaining judicial freedom.”

Immediate Resistance to Authoritarian Encroachments:

Justice Shah further highlighted the dangers of delay in resisting authoritarian interventions, describing such delays as potentially fatal to the rule of law. He stressed that any form of interference with judicial independence should be countered promptly and effectively to preserve the integrity of justice.

The Judiciary’s Role:

Justice Shah reiterated that the judiciary’s fundamental role is to defend justice and uphold the rule of law. He called on judges to actively resist any encroachments on their independence and to act as the last line of defense against authoritarianism.

Context of the Bhutto Case:

The Bhutto case, involving the trial and execution of former Prime Minister Zulfikar Ali Bhutto in 1979, remains a contentious chapter in Pakistan’s judicial history. The case has often been criticized for being influenced by the authoritarian regime of General Zia-ul-Haq. Justice Shah’s additional note reaffirms the importance of judicial independence in such politically charged cases.

This statement by Justice Mansoor Ali Shah serves as a powerful reminder of the judiciary’s critical responsibility to stand as a bulwark against tyranny and uphold justice, regardless of external pressures or threats.