By S.M. Inam
With President Asif Ali Zardari’s approval, Justice Yahya Afridi has been appointed as the new Chief Justice of Pakistan, marking a significant transition in the nation’s judiciary. The official notification of his appointment has been issued, and he is set to take the oath of office on Saturday in a ceremony at Aiwan-e-Sadr. This change comes alongside a farewell reference honoring outgoing Chief Justice Qazi Faez Isa on Friday, October 25. Notably, Senior Supreme Court Judge Justice Mansoor Ali Shah has already departed for Umrah, signaling a period of notable change within Pakistan’s judicial landscape. Amid these shifts, the Sindh Assembly recently passed the 26th Constitutional Amendment Bill with a majority vote, a move that has been positively received by the legal community, which has expressed its support through various statements. The amendment aims to separate the handling of political and constitutional cases, which, if implemented effectively, could potentially enhance the judiciary’s capacity to deal with general cases. This structural change is seen as a way to expedite the resolution of over two million pending cases, ultimately improving public access to timely justice.
Justice Afridi’s tenure will not be without challenges, particularly regarding the structural judicial issues that have long plagued the system. Among these issues is the necessity of allocating separate benches for different categories of cases, a measure that could streamline judicial processes and reduce backlogs. Additionally, there are pressing concerns regarding the filling of judicial vacancies and the clarification of ambiguities within the constitutional framework. The separation of case handling is crucial; however, the proper bench assignment for specific cases remains a grey area, particularly as many fundamental rights cases fall under constitutional law, necessitating careful consideration for effective adjudication. The ongoing evolution of legislation is also critical, with the 27th Amendment having been postponed. It is expected that insights gleaned from the 26th Amendment process will inform future legislative efforts. Lawmaking must remain adaptive, responsive to the societal changes that characterize a rapidly evolving world.
The introduction of dedicated benches for distinct case categories holds promise, yet Pakistan’s burgeoning population and economic difficulties necessitate more comprehensive solutions to ensure accessible and affordable conflict resolution for all citizens. In family and civil disputes, alternative dispute resolution mechanisms could play a pivotal role in alleviating pressure on the formal judicial system. Traditional systems like Jirga and Panchayat, alongside local mediation councils, can offer community-centered pathways for resolving conflicts. By reinforcing these local avenues, the judiciary can complement formal mechanisms, providing quicker and more economical justice to those who currently find themselves underserved by an overburdened legal system. As Justice Afridi steps into his new role, he inherits not only the hopes of a nation seeking judicial reform but also the imperative to navigate these complexities with foresight and integrity. The successful implementation of the 26th Amendment could serve as a litmus test for his leadership, and the judiciary’s ability to adapt to the pressing demands of society will be paramount in shaping Pakistan’s legal landscape in the years to come.
(The writer is a senior analyst on national international affairs, can be reached at inam@metro-morning.com)
