ISLAMABAD: Supreme Court Justice Mansoor Ali Shah has stressed his inability to interpret laws as he is not part of the constitution bench created to deal with important cases after the recent judicial reforms.
Addressing an event in Islamabad focusing on children’s rights, Justice Shah emphasized the importance of interpreting Article 11(3) of the Constitution, which deals with children’s rights.
“I can’t provide that interpretation now, but you can,” he said, pointing to his colleague Justice Jamal Khan Mandukhel, who was also present at the meeting.
He apologized for saying the same thing over and over again, saying: “I’m sorry to bring this up, but what can I do? I’m unable to provide that interpretation,” he remarked.
Emphasizing the responsibility of the judiciary to protect the rights of children, Justice Shah remarked that children are not only the future but an integral part of the present who deserve immediate attention and justice.
He urged judges to make it a priority to listen to children when they appear in court, highlighting the importance of their voice in legal proceedings. “We often listen to parents but fail to give children a chance to speak,” she said, advocating for children’s involvement in the decision-making process.
He also called for the establishment of child-friendly courts across the country to ensure speedy resolution of child-related cases. He emphasized the role of the judiciary in addressing critical issues such as cyber-bullying, forced conversions, corporal punishment in schools, and lack of facilities for children with special needs.
The apex court judge lamented the country’s high number of out-of-school children and outdated practices such as child marriage and harmful rituals like “vani”.
“Our justice system must do more for children – they are more important to us than ourselves,” said Justice Shah, stressing the urgency of reforms.
The senior jurist has raised the issue of constitutional bench and constitutional amendment on several occasions in the past as well in recent times. The Constitution Bench of the Supreme Court, which does not include Justice Shah, was constituted by the Judicial Commission of Pakistan by a majority of 7 to 5.
He along with Justice Muneeb Akhtar were the two judges who opposed the verdict.
More recently, Justice Shah urged the suspension of the JCP meeting until the issue of amending the law is resolved.