constitutionanditsdiscontents.com

Tribute from the Law Clerks of the Supreme Court of Pakistan to
Justice Syed Mansoor Ali Shah, Justice Athar Minallah and Justice Shams Mehmood

Mirza

We hold our heads up high at the courageous stand taken by three of the most venerable justices to have graced Pakistan’s constitutional courts – Justice Syed Mansoor Ali Shah, Justice Athar Minallah, and Justice Shams Mehmood Mirza. As law clerks of the Supreme Court of Pakistan, we are proud to have shared the same roof, walked the same corridors, and worked — towards a vision of a better Pakistan — at the apex constitutional Supreme Court of Pakistan under the stewardship of Justices Mansoor Ali Shah and Athar Minallah. We also stand in deep solidarity with Justice Shams Mehmood Mirza, whose principled resignation from the Lahore High Court resonates no less powerfully with our collective conscience.

Their resignations are clarion calls – Iqbal’s Bang-e-Dara – sounding a grave warning to our collective conscience. Their resignation letters were love letters to the country and to the Constitution they served; and their uncompromising conduct till the very end of their judicial careers stands as a lesson in moral clarity and steadfastness.

Justice Mansoor Ali Shah was the tallest beacon of light in the depths of doctrinal darkness. His youthful energy, unbounded enthusiasm, zeal for reform and innovation, and commitment to progressive constitutionalism and legality; combined with a warm, inviting and refreshingly open personality placed him in a class of his own at the Supreme Court. It was the wish of every law clerk to not only work with him, but to visit his chambers and share their thoughts freely – without any bars or reservations – always assured of finding an open and receptive audience. His willingness to engage with not just the law clerks but also interns and other students from all over the world and generate discourse – particularly during trying times – spoke to his role as an elder statesman of the Court, towards whom we all looked for guidance. Those of us fortunate enough to work with him witnessed firsthand his unwavering dedication towards justice and to his role as a constitutional judge – marked by an unparalleled understanding of the law, deeply informed by lived human experiences and enriched by his knowledge of history, literature, film and technology. He was truly a ‘renaissance judge’ ahead of his time, and he served to carry the Court – and all of us – forward toward a more humanistic, democratic, and progressive jurisprudence. That legacy secures his place among the finest jurists of this age.

Justice Athar Minallah was another giant of his time at the Supreme Court. His jurisprudence exhibits his ethos and integrity – always a fighting spirit unafraid of speaking the truth whosoever ugly it may be. And he did speak the truth till the very end. Both his jurisprudence and his actions as a judge of the Supreme Court exhibit his courage of calling a spade, a spade, whether it be through his pointed and direct questions from the bench or clear and articulate opinions in his judgments. Contrasted with his pointed and clear jurisprudence – which like a mirror reflected the actions of our collective societal commitments – was his warm, humorous and affectionate person. He was always the kindest to not just the law clerks but all staff members at the Supreme Court. His chamber, always open for a cup of tea or coffee and endless conversation that both drew laughter and tears. It was our privilege to have laughed and cried with him and to have worked and assisted him in his charge of legal courage into the valley of oppression.

We also pay tribute to Justice Shams Mehmood Mirza for his solitary and principled decision to resign from the Lahore High Court. In doing so, he reaffirmed the constitutional responsibility borne by a High Court judge — and fulfilled it to its very end. His resignation remained faithful to the rich judicial legacy of his father, Justice Zia Mirza, who too chose the difficult but principled path. Justice Shams Mirza’s clarity of thought and intellectual lucidity were already evident in his judgments; in resigning, he demonstrated a defiant will anchored in an unblemished conscience. His act leaves us with an enduring lesson: that principle must always prevail over convenience.

“There is no greatness where there is not simplicity, goodness, and truth” wrote Leo Tolstoy in War and Peace. In all three Justices, there was a quiet simplicity coupled with dedication; a childlike goodness rooted in doing what is right; and, above all, the moral courage to speak the truth to power. They spoke their truth, and it will not go unnoticed. We have listened – and we shall remain faithful to their legacy.

As the famous Persian song, Sarnavesht (Destiny) goes:

  Umer A. Ranjha       Muhammad Mohsin Masood       Mahnoor Omer         Muhammad Hassan Ali

 Hareem Godil         Neha Makhdoom                 Waqas Ahmed                  Aniq Mansoorali Chunara  

 Zohaib Afzal          Mian Johar Imam        Hassan Kamal Wattoo             Sarwar Muzaffar ShahAhsan Jehangir Khan

 Muhammad Mustafa Kundi             Noor Ali Syed                       Habib Achakzai          Libah Nadeem  

  Syeda Umaira Iqbal Raza       Kabir Hashmi           Rameen Moin