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Home»EDITORIAL»New dawn in Pakistan’s judiciary
EDITORIAL

New dawn in Pakistan’s judiciary

adminBy adminOctober 26, 2024No Comments4 Mins Read1 Views
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With the appointment of Justice Yahya Afridi as the Chief Justice of Pakistan’s Supreme Court, the country embarks on a new chapter in its judicial journey. President Asif Ali Zardari, acting on recommendations from a special parliamentary committee, confirmed Afridi’s appointment with his signature, followed swiftly by a formal notification from the Federal Ministry of Law. Justice Afridi assumes this esteemed position following the retirement of Chief Justice Qazi Faez Isa on October 26, 2024, for a three-year term under Pakistan’s 26th Constitutional Amendment. The amendment envisions that the Chief Justice will retire upon reaching 65 years of age or upon completing a three-year term—whichever comes first. Born on January 23, 1965, Justice Afridi would have originally retired on January 24, 2030. However, under the revised framework, his tenure now concludes on October 27, 2027, effectively reducing his service by three years.

In a country where political and judicial turmoil often run high, Afridi’s acceptance of a shortened term speaks to his dedication to judicial reform—a commitment he values over personal tenure. Justice Afridi is known for his principled stands and unwavering commitment to the rule of law. In a notable instance, he respectfully declined membership in a Supreme Court committee established under the 2024 Supreme Court Practice and Procedure Ordinance, driven by his conviction on constitutional grounds. At the time, it was unlikely he foresaw his elevation to Chief Justice, but his commitment to judicial integrity remains unquestionable. This elevation, facilitated by the 26th Amendment, broke from the past practice where the most senior justice would typically assume the Chief Justice role, even in cases of controversy. Such was the case with Chief Justice Isa, whose tenure faced considerable debate. Under the revised process, Afridi emerged as the preferred candidate, selected by the parliamentary committee from a trio of senior judges.

Justice Afridi now faces numerous pressing challenges as he takes the helm of the judiciary. His primary task will be to uphold meritocracy, constitutional adherence, and the impartiality of the judiciary—tenets he has long championed. Another pressing issue is Pakistan’s overburdened judicial system, where millions of cases linger unresolved in both higher and lower courts. By instituting constitutional benches, the division of cases will expedite judicial processes, separating general civil matters from those necessitating constitutional clarification. This move, though long overdue, will hopefully provide some reprieve to the caseload weighing down Pakistan’s judiciary. Afridi also steps into a complex legacy of judicial reforms set in motion by his predecessor, Chief Justice Isa. Isa, known for his relentless efforts in preserving judicial autonomy despite intense criticism, strove to cleanse the judiciary’s image.

Justice Afridi inherits this arduous task with the expectation that he will maintain judicial independence. Inevitably, he may encounter resistance, perhaps even from within the judiciary itself. The Pakistan Bar Council, provincial bar associations, and several legal bodies have lauded his appointment, signaling broad support across the legal community. In a display of goodwill, Afridi visited the chambers of Justice Isa and Justice Mansoor Ali Shah, and was warmly congratulated by his peers, marking a promising start. Yet, opposition is already brewing. Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) and its affiliated lawyers have signaled dissatisfaction, threatening to challenge Afridi’s appointment in favor of Justice Shah. Such reactions from PTI’s leadership underscore Pakistan’s political landscape, where institutions are frequently drawn into controversy.

In light of this new era in the judiciary, it would be wise for PTI to resist embroiling the Supreme Court in the fervor of political disputes and respect the judicial process as the avenue for resolving grievances. Justice Afridi’s tenure brings both a weight of expectations and an opportunity to reshape the judiciary. As he steps into his role, Pakistan watches closely, hopeful that this new era will restore trust, resolve chronic issues, and affirm the independence of its highest court.

#ChiefJustice #ConstitutionalAmendment #JudicialIndependence #JudicialReform #JusticeYahyaAfridi #LegalCommunity #PakistaniPolitics #PakistanJudiciary #RuleOfLaw #SupremeCourtPakistan
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