Left out of CB, SC judge regrets ‘inability’ to interpret laws

Author: Agencies

Supreme Court of Pakistan’s Senior puisne judge Justice Syed Mansoor Ali Shah on Saturday expressed disappointment over not being able to provide an interpretation of laws due to not being part of the constitutional bench, which has been formed after the recent judicial reforms, for handling significant cases.

The senior puisne judge expressed his concerns while addressing an event related to children held in Islamabad. Justice Syed Mansor Ali Shah reflected on the implications of the situation, saying that Article 11(3) of the Constitution, which deals with children’s rights requires interpretation.

“I cannot provide this interpretation anymore; but you can,” he said while pointing his remark toward his colleague, Justice Jamal Khan Mandokhail, who was also attending the session.

He also apologised for repetitively stating the same thing, saying: “I am sorry to keep bringing this up, but what can I do? I am unable to provide this interpretation,” he remarked.

Emphasising the judiciary’s responsibility towards safeguarding children’s rights, Justice Syed Mansoor Ali Shah remarked that children are not just the future but also an integral part of the present, deserving immediate attention and justice.

He urged judges to prioritise listening to children when they appear in court, highlighting the importance of their voices in legal proceedings. “We often hear the parents but fail to give children the chance to speak,” he said, advocating for inclusivity in decision-making processes involving children.

He also called for the establishment of child-friendly courts across the country to ensure swift resolutions in cases concerning children. He stressed the judiciary’s role in addressing pressing issues like cyberbullying, forced conversions, corporal punishment in schools, and the lack of facilities for children with special needs.

The apex court judge lamented the high number of out-of-school children in the country and outdated practices such as child marriages and harmful customs like “Vani.”

Justice Shah underscored the urgency of reform, stating, “Our justice system must do more for children – they are more important to us than ourselves.”

The senior judge said that child labour and child trafficking are major issues in Pakistan. “The child justice holds great importance. These children are our present and future,” said Justice Shah. He added that the cases of children should be expedited in the child courts. The senior jurist said that we should consult our children before making any decision related to them. He added that we all should pay attention to our children. Justice Mansoor Ali Shah was of the view that it is not a difficult task to establish the child courts. “International laws were made for the protection of children worldwide,” he said, while adding that we should also focus on the health and education of our children. The senior judge said that special children should also be paid much attention in the country.

He also denied rumours suggesting that he is resigning from his position.

Speaking to the media after the ceremony, Justice Shah dismissed the claims, labelling them as mere speculation.

He further clarified, “I will continue the work that I can do. I am attending this conference today and will be attending another after this. I will use the authority I have to improve the system as much as possible.”

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