Supreme Court judge Justice Mansoor Ali Shah has raised serious questions about the role of former President Dr. Arif Alvi in filing the presidential reference against Chief Justice Qazi Faez Isa, calling it a matter that “cannot be brushed aside.”
During a hearing on a case related to the Supreme Judicial Council (SJC), Justice Shah remarked that the filing of the 2019 reference showed signs of “mala fide” and political motivation. He questioned how the president could act on such a reference without due verification, especially when the Supreme Court had already declared it unlawful.
Justice Shah stressed the need for clarity on whether the president acted independently or merely signed off on a politically motivated move from the executive branch. He pointed out that such actions, if proven to be arbitrary or driven by political bias, could be seen as misuse of constitutional authority.
He also asked if the former president could be held accountable under the Constitution for his role in the matter, especially since Article 248 does not grant blanket immunity for all actions taken in office.
The remarks come as the Supreme Court continues to hear cases aimed at strengthening judicial accountability while also ensuring protection from executive overreach. Justice Shah’s comments have reignited the debate on the need for clear separation of powers and greater checks on the presidency’s role in judicial matters.
