Justice Shah once more rejected the NOC to travel overseas.

Senior puisne judge Mansoor Ali Shah has once again been denied permission by Chief Justice Yahya Afridi to travel overseas to attend events.

According to information obtained last month, Justice Syed Mansoor Ali Shah received an invitation to participate in Global Constitutionalism 2025, which will take place from September 10–13 at Yale Law School, Yale University, USA.

For the past five years, Justice Shah has been invited to participate in the gathering, which brings together top academics from Yale, Harvard, and Princeton with senior judges from around the globe.

‘Artificial Intelligence and Judging’ was the topic of Justice Shah’s planned presentation this year.

In a formal letter to CJP Afridi, Yale Law School even requested Justice Shah’s official nomination. Justice Shah made the same request on August 6.

The Supreme Court of Pakistan would not be able to assist Justice Shah in attending the event, the SC Registrar later replied to Yale Law School.

The registrar explained that the Supreme Court’s judicial year begins on September 8 of each year and that this date is customarily celebrated with important institutional events, such as a full court session of judges to review and plan for the upcoming year and a discussion with the legal community.

It is also claimed that the Supreme Court just released a new edition of its Rules, creating a more thorough, technologically advanced foundation for the Court’s activities, making this year’s day especially significant. at this regard, it is essential for group discussion, priority-setting, and institutional direction that all judges attend and participate at the start of the Judicial Year.

“The Supreme Court of Pakistan would not be able to allow the Honourable Judge to attend your prestigious event due to these strong commitments. We cherish our academic and institutional relationships and look forward to more chances for cooperation and involvement,” the SC Registrar writes in a letter to Yale Law School.

In order to receive a response to his request for a NOC, Justice Shah submitted a letter to CJP Afridi on August 15.

He had provided a number of justifications for his trip overseas. According to Justice Shah, he decided 3956 cases under CJP Afridi’s tenure and did not use up all of the summer vacation time.

Justice Shah added that since the court now has 25 justices, his brief absence will not in any way impair its ability to operate because he is neither a member of the Constitutional Bench nor any administrative body.

According to Justice Shah, his trip is planned to start on September 5th, during the summer break, and end on September 13th.

Additionally, Justice Shah informed CJP Afridi that excessive delay or unjustified rejection in such a case could give the impression that certain judges are being punished for having independent opinions, especially when other judges have been granted leave for events of much lower academic or professional status.

“Whether true or not, such impressions have the potential to seriously harm this Court’s reputation for impartiality and reliability. According to Justice Shah’s letter, “I am making this request as the senior puisne Judge of the Supreme Court in the hopes that it will be handled in the manner and with the decency it merits.”

Justice also informed CJP that if he does not grant his request, he will be forced to share this correspondence with the institutions that invited him. This will allow them to understand why he is unable to travel and to assess the court’s transparency, collegiality, and respect for judicial independence.

Justice Shah further underlined that the Supreme Court does not function under a command and control structure, unlike the military or the civil service, and that its strength lies in the independence of its judges.

“Restrictions, procedural hurdles, and delays of the kind encountered under your administration risk being perceived as measures intended to steer Judges towards compliance rather than independence�a course that would weaken the Court’s constitutional foundations and corrode the very principles on which its authority rests” , the letter states.

CJP Afridi had declined to grant him a NOC to fly to the United States despite the letter from Justice Shah.

According to information obtained, Justice Shah was also asked to engage in an intellectual discussion with Harvard University Professor Noah Feldman on September 10 and to speak at the New York City Bar Association on September 8.

CJP Afridi had denied him permission before.

Due to a lack of ex-Pakistan leave, he was unable to travel to Saudi Arabia in February to attend two events at the arbitration.

The Al Baraka Forum and the Organisation of Islamic Cooperation-Arbitration Centre (OIC-AC) asked Justice Shah to give keynote addresses at two events during the Arbitration Week in Riyadh, Saudi Arabia.

Justice Shah also desired to conduct Umrah prior to the commencement of Ramadan during that week.

Justice Mansoor had to cancel his travel to Saudi Arabia since his leaves could not be approved after the senior puisne judge’s plea for ex-Pakistan leave, made well in advance to CJP Yahya Afridi, went unanswered.