Justice Syed Mansoor Ali Shah reiterated on Saturday that failing to implement Supreme Court judgements would breach the principle of separation of powers established by the Constitution, which assigns distinct roles to the executive, legislature, and judiciary.
Speaking at a conference titled “Overcoming the Implementation Challenges to Court’s Verdicts” held at a local hotel to commemorate the 10th anniversary of the 2014 Supreme Court judgement on Minority Rights, Justice Shah emphasized that this principle is fundamental to democracy and should not be compromised. He stated, “This is the system of this country and that is the Constitution of this country, or make a new system,” highlighting the severe consequences of neglecting constitutional duties.
Justice Shah, who is expected to perform chamber work until August 23, referred to the landmark judgement on minority rights and asserted his commitment to ensuring its implementation. He emphasized that Supreme Court judgements must be followed, recalling a recent decision where the court held that non-implementation of its judgements violated the Constitution.
On Friday, Justice Shah also underscored the importance of enforcing the apex court’s verdicts. He remarked that if judgements were not to be implemented, the entire constitutional structure would need to be changed. As long as the Constitution remains, its orders must be honored, he stated, noting that executive institutions must comply with Supreme Court orders without question, or risk disrupting the legal system’s delicate balance.
Justice Shah stressed that implementing court decisions is not a courtesy but a constitutional duty. He said that maintaining the separation of powers is crucial to prevent executive overreach. “No one has the choice or prerogative to second guess whether the judgement was right or wrong,” he added.
In an informal conversation with the media, Justice Shah mentioned that a detailed judgement on reserved seats was being finalized and might be announced after the summer vacation due to some judges being on leave.
Regarding minority rights, Justice Shah highlighted the judiciary’s focus on inter-faith harmony and dialogue. He emphasized that religious tolerance is essential for peace and harmony, warning that without it, conflict, violence, and human rights violations could arise. For Pakistan to progress, the state must protect minorities from violence and discrimination, swiftly bringing perpetrators to justice. Promoting religious harmony through education and public awareness campaigns, preserving the cultural and religious heritage of minority communities, and addressing their grievances are necessary steps.
Justice Shah noted that Muslims make up 93% of Pakistan’s population, while Christians and Hindus each constitute 1.6%, and Sikhs and Buddhists together form 1%. Despite these demographics, the Constitution guarantees equal fundamental rights to all. He cited a report by Freedom House indicating that Pakistan’s minorities lack religious safeguards and called for introspection to address the issues causing distress among religious minorities. To underline his point, he also referenced Surah Al-Baqra, who stated that there should be no compulsion in religion.
