Justice Mandokhail bows out

His judicial career was also marked by close associations with former chief justice Qazi Faez Isa and incumbent Chief Justice Yahya Afridi, while some of his positions and decisions attracted criticism from sections of the legal fraternity and PTI supporters.

Justice Mandokhail began his judicial career on September 7, 2009, when he was appointed as a judge of the Balochistan High Court.

During his tenure at the BHC, he authored several important judgements, including a ruling declaring that the "unsettled land" of Balochistan, the country's largest province, belonged to the indigenous tribes inhabiting its plains and mountains for centuries, rather than the provincial government. In another significant judgement, he declared several provisions of the Defence Housing Authority (DHA) Act, 2015, unconstitutional.

In his ruling, he held that the DHA functioned like a non-government agency and that its acquisition of property would consequently violate the constitutional right to property. The Supreme Court subsequently suspended that ruling. Appeals against both judgements are now pending before the Federal Constitutional Court (FCC), it is learnt.

In 2021, Justice Mandokhail was elevated to the Supreme Court, at a time when judicial politics was in full swing at the apex court. He was associated with the camp of former chief justice Qazi Faez Isa and became part of several benches that delivered significant verdicts during Isa's tenure.

Justice Mandokhail was a member of the bench that set aside former deputy speaker Qasim Suri's ruling rejecting the no-confidence motion against then prime minister Imran Khan under Article 95 of the Constitution. He was also among the minority judges who held that the votes of defecting lawmakers should be counted under Article 63A of the Constitution.

The judge was among those who opposed the suo motu proceedings initiated by former chief justice Umar Ata Bandial to hold elections to the Punjab and Khyber-Pakhtunkhwa (K-P) provincial assemblies within 90 days. Justice Mandokhail, along with Justice Syed Mansoor Ali Shah, maintained that the Lahore High Court should first be allowed to proceed with the matter.

During former CJP Isa's tenure, Justice Mandokhail maintained a close association with him and frequently served on benches that delivered important judgements. He rarely dissented from Justice Isa's opinions in significant cases. His association with the former chief justice continues to draw criticism from PTI supporters.

The constitutional bench question. Following the 26th Constitutional Amendment, Justice Mandokhail was nominated as a member of the constitutional benches and also served on the committee responsible for constituting benches to hear cases. Like Justice Isa, he maintained a close association with incumbent Chief Justice Yahya Afridi.

However, some lawyers have questioned why Justice Mandokhail, despite being a member of the committee, did not play a more active role in securing the hearing of petitions challenging the 26th Constitutional Amendment. They believe that if the Supreme Court had reviewed the 26th Amendment, the subsequent 27th Constitutional Amendment could have been halted.

Justice Mandokhail was also a member of the constitutional bench that ruled that the trial of civilians in military courts was unconstitutional. He was also among the members of the Judicial Commission of Pakistan (JCP) who did not support the appointment of Justice Sardar Muhammad Sarfraz Dogar as chief justice of the Islamabad High Court.

'Confused jurisprudence'Supreme Court advocate Faisal Siddiqi described Justice Mandokhail as a polite judge with some prominent dissenting judgements, but criticised his overall judicial approach. "His overall jurisprudence of balancing between executive interests and citizens' rights ended up in a confused jurisprudence, destroying the power and reputation of the Supreme Court as the apex court".

Waqas Ahmed, an advocate who worked as a law clerk with Justice Mandokhail, offered a more favourable assessment of the judge's personality and professional conduct. He said that beyond his judicial legacy, Mandokhail was a humble and gracious human being who listened to lawyers with patience and respect and remained particularly encouraging and supportive of young members of the bar.

"His legacy is not confined to his judgments; it also lives in the dignity, humility and kindness with which he treated the legal fraternity. "Waqas Ahmed said Justice Mandokhail would also be remembered for his contributions to constitutional jurisprudence and the protection of fundamental rights.