CJP summons SJC meeting
The Council is headed by CJP Yahya Afridi, and comprises two senior most judges of the Supreme Court; i.e., Justice Syed Mansoor Ali Shah and Justice Munib Akhtar, and two senior Chief Justices of High Courts; i.e., Justice Aalia Neelum, Chief Justice of Lahore High Court (LHC), and Justice S M Attique Shah, Chief Justice of Peshawar High Court (PHC).
The Supreme Court's PRO on February 7, 2025 issued Judicial Performance report on the completion of CJP Yahya Afridi's 100 Days. According to that, the SJC had examined 46 complaints under Article 209 of the Constitution received against constitutional officeholders, out of which, 40 were disposed of, whereas, comments in five complaints were sought, and one was sent for information.
Six judges of the Islamabad High Court (IHC) – Justice Mohsin Akhtar Kayani, Justice Tariq Mahmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Raffat Imtiaz on March 25, 2024 had written a letter to the SJC against the alleged 'interference' and 'intimidation' by the 'operatives of intelligence agencies.'
In the letter, they sought guidance from the SJC with regard to the duty of a 'judge to report and respond to actions on part of members of the executive, including operatives of intelligence agencies that seek to interfere with discharge of his/ her official functions and qualify as intimidation'.
Former Chief Justice of Pakistan Qazi Faez Isa on their letter had taken a suo moto and constituted a seven-member bench to examine the IHC judges' concerns. However, Justice Yahya opposed the suo moto and recused from the bench.
Justice Faez also formed one-man Commission comprising ex-CJP Tassaduq Hussain Jillani to probe the allegations of the IHC judges. However, Justice Tassaduq due to social media declined to head the commission. After that no further progress was made in that respect.
Following the IHC judges' letter, complaints were filed against five judges of the IHC, which have been pending.
The Judicial Performance report also stated that significant reforms were implemented to enhance efficiency, transparency, accountability, and accessibility in the justice sector. A key aspect of these reforms includes the swift resolution of complaints against constitutional officeholders, ensuring accountability mechanisms function efficiently, and upholding public confidence in the judiciary. The amendments in the Supreme Judicial Council Code of Conduct and Procedure of Enquiry 2005 were considered.
However, sources shared that Justice Munib was given task to propose the amendments in the SJC Code.
Copyright Business Recorder, 2025
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Business Recorder
2 hours ago
- Business Recorder
Police arrest former AJK premier Abdul Qayyum Niazi
Former Prime Minister of Azad Jammu and Kashmir (AJK) and a leader of Pakistan Tehreek-e-Insaf (PTI), Sardar Abdul Qayyum Niazi, has been arrested by police from the Samahni area of Bhimber. He was 'illegally taken into custody' while he was heading to address a public rally in AJK on Sunday, the PTI said in a statement on its Facebook page. AJK Police arrested the former PM near Jhandi Juntra while he was travelling from Samahni to attend a rally in Bhimber. On this occasion, a scuffle also broke out between police and PTI workers. PTI launches 90-day 'do or die' movement Aaj News cited sources as saying that Niazi was participating in a public contact campaign to mobilise support for a rally to be held in Lahore on August 5, aimed at securing the release of PTI founding chairman Imran Khan. Sources said that after being taken into custody, the former AJK premier was transferred to Mirpur. The arrest of the PTI AJK President has increased concerns about the potential for further arrests of party leaders and the possibility of police blocking PTI convoys from travelling to Lahore. Police said arrest warrants were issued against Niazi two days ago in connection with the May 9 riots. The PTI leader was facing more than 11 cases, they added. Jailed Imran Khan's sons likely to join rally demanding his release On July 31, in a post on X, the ex-AJK PM wrote: 'The issuance of arrest warrants against the central and provincial leadership of Pakistan Tehreek-e-Insaf before the August 5 protest is apparently a planned political revenge. 'Targeting dozens of leaders is a blatant insult to the Constitution, law, and democracy. This approach is a moment of reflection for the credibility of state institutions and public trust.' Niazi has served as the 13th prime minister of AJK from August 4, 2021, to April 14, 2022.
Express Tribune
17 hours ago
- Express Tribune
Govt mulls federal constitutional court
Listen to article Since the passage of the 26th Constitutional Amendment in October last year, the PML-N led federal government has remained largely successful in getting its way in courts. The most significant event is the award of convictions to 204 individuals — belonging to the PTI — in May 9 rioting cases. Chief Justice of Pakistan Yahya Afridi has played a key role in expeditious trials in May 9 cases. In April, a bench led by him gave four months' deadline to anti-terrorism courts (ATCs) to complete the trials. Similarly, the Supreme Court's Constitutional Bench, which was formed by virtue of the 26th Constitutional Amendment, has also endorsed the trials of 103 May 9 rioters by military courts. Majority of convicts including PTI founder Imran Khan's nephew are behind the bar, waiting for passage of a proposed legislation for getting the right of appeal against their convictions by military courts. Despite the completion of a 45-day deadline, the government has not taken any step to give the right of appeal against military courts' decisions. The constitutional bench is also not sitting due to summer vacations. Three detailed judgements in crucial cases — related reserved seats, transfer of judges to the Islamabad High Court (IHC) and military courts — are awaited. On the other hand, the government is waiting for an appropriate time to bring the 27th Constitutional Amendment. A senior government functionary admitted that the creation of a federal constitutional court is under serious consideration. Judiciary role since May 9, 2023 The judiciary's role has been vital amid the ongoing confrontation between the security establishment and the PTI, a confrontation that started after the ouster of the PTI government in April 2022. However, the establishment got disappointed, when a bench led by ex-chief justice of Pakistan Umar Ata Bandial took up a matter related to the arrest of PTI chief Imran Khan on May 9, 2023 and directed the law enforcement agencies to present him in the court. Subsequently, the court gave relief to Imran which further upset the executive functionaries. Ex-CJP Bandial was keen to hold general elections of Punjab and Khyber Pakhtunkhwa assemblies within the 90-day period but he could not do so due to various reasons. The former PML-N led government had issued notification regarding the appointment of Justice Qazi Faez Isa as the next CJP months before the retirement of Justice Bandial. After his taking charge of the SC, Justice Isa did not disappoint the present government in any important matter. Ex-CJP Isa did not take notice of the allegations of human rights violation as well as election rigging. During his term, judgment declaring civilian trials in military courts as unconstitutional was suspended, the PTI was deprived of its election symbol ahead of the February 8 election, the party's female workers and leaders could not get bail and Imran was convicted in three cases during his jail trials. Despite all these happenings, the February 8 election results were shocking for anti-PTI elements. Ex-CJP Isa was considered a "guarantor of system" which was formed after the elections. When some judges raised concerns about agencies' interference in judicial functions, Justice Isa did not back them. Lawyers believe that Justice Isa's biggest step to facilitate the executive was the elevation of ex-Lahore High Court chief justice Malik Shahzad Ahmad Khan to the apex court. The present government was very uncomfortable with Justice Khan on account of his bold steps to ensure fairness in litigations related to election disputes and the May 9 cases. Ex-LHC CJ was the biggest hurdle in the manipulation of trials in the May 9 matters. Soon after his elevation to the SC, different ATCs judges were transferred to the satisfaction of the executive. After six IHC judges wrote a letter to Justice Isa in March last year, the executive started working on a plan to control the superior judiciary. One section of judges had made an attempt to secure the independence of judiciary by giving July 12, 2024 decision in the reserved seats case but they could not succeed. Post 26th amendment judiciary Instead of getting united for the independence of the institution, SC judges are visibly divided into two camps. The beneficiaries of constitutional amendment in the judiciary did not disappoint the present government in any issue. The executive is completely comfortable with all high courts as well as the apex court. Majority of dissenting judges have been sidelined and not included in the constitutional bench. Even the judges who were not in the good books of the executive have been sidelined in the IHC. The government's plan has also been successful in the IHC wherein they transferred three judges from other high courts. Subsequently, Justice Sardar Muhammad Sarfraz Dogar became the IHC CJ as per the government's plan. It is being witnessed that the executive has total dominance in the process of superior courts judges' appointment after 26th Constitutional Amendment. Post 26th amendment, the PTI could not get any substantive relief in any matter. Now questions are being raised about convictions in May 9 cases. It is learnt that two senior PTI leaders recently met CJP Yahya Afridi to express apprehensions over non adherence of Article 10-A of the Constitution during the trials. There is a strong perception that "excessive and unjustified" sentences are awarded to the majority of PTI activists and lawmakers. Now all eyes are now on the LHC, which will hear the appeals against the convictions. Generally, convicts have to surrender to court before filing appeals against their convictions. One of PTI legal team members revealed that they are considering alternate strategies to plead the case against convictions. Despite passage of several months, Imran Khan and his wife Bushra Bibi's petitions for the suspension of sentences in the 190 million pounds case have not been decided by the IHC. It will be interesting to see which LHC bench is assigned the task to hear appeals against convictions. Lawyers fear that if the situation remains the same and the convictions are awarded without adherence to due process then people will lose complete trust in the judiciary and the ultimate loser will be the justice system. The judges, who are on the driving seat in the superior judiciary, must evolve a mechanism to end the perception that post 26 amendment judiciary is working under executive influence.
Business Recorder
21 hours ago
- Business Recorder
Enhancing legal aid access
EDITORIAL: In a significant move, the Law and Justice Commission of Pakistan (LJCP), under the leadership of Chief Justice Yahya Afridi, has announced its decision to expand the free legal aid facility across all levels of the judiciary – a service previously available only within the lower judiciary. An essential element of this initiative is a fundamental right it offers to underprivileged individuals, particularly those who have been languishing in jails for extended periods due to their inability to afford legal representation. In many instances, individuals are either wrongfully accused of crimes they cannot afford to defend themselves against or are trapped in prolonged legal battles. As a result, a large number of people in such circumstances are denied meaningful access to justice. While this initiative is a step in the right direction, a key concern remains the quality of legal representation. Although legal aid guarantees the opportunity for representation to members of the disadvantaged sections of society, it does not necessarily ensure access to experienced and competent lawyers. In many cases, individuals who receive free legal assistance may be represented by lawyers with limited experience. These lawyers, although appointed to District Legal Empowerment Committees supported by the IJCP through the 'Access to Justice Development Fund' (which covers lawyers' fees, court charges, copying costs, process fees, and other expenses), may lack the expertise required for a given field of law. This situation becomes particularly problematic in cases that demand specialized knowledge of the law. The result of inadequate legal representation could be wrongful convictions, disproportionate sentences, or even the irreversible consequence of a death sentence in the case of criminal trials. Therefore, it is critical not only to ensure that indigent litigants have access to the legal process, but also the quality of legal representation they receive. The system must ensure that those, who can least afford it, do not have their chances of a fair trial compromised by subpar representation. To effectively address this issue, it is important that legal aid lawyers are well-trained and adequately resourced. This could include offering specialised training programmes for public defenders to build their capacity and expertise, particularly in areas where the need for skilled legal support is the greatest. In addition, while the financial assistance for each litigant has been modestly increased from Rs. 40,000 to Rs. 50,000, it is insufficient to attract good lawyers. It would be beneficial to improve the quality of pro bono work by fostering partnerships between the government, law schools, and non-profit organizations. Legal aid can best serve its purpose if it ensures that individuals, especially those from marginalized backgrounds, are not just represented in court, but represented well. In this regard, improving both access and quality will be essential for the success of LJCP's initiative. Copyright Business Recorder, 2025
