Latest news with #YahyaAfridi
Business Recorder
an hour ago
- Politics
- Business Recorder
Challenging dominant ideology of patriarchy
EDITORIAL: That the scourge of toxic patriarchy has long made life a relentless battle for women in Pakistan — curbing their freedoms, crushing their agency and denying them basic rights in homes, workplaces, courts, and corridors of power — is a brutal reality that demands urgent reckoning. It is highly welcome then that the Supreme Court's July 23 verdict directly confronts one facet of this deeply entrenched patriarchal mindset, unequivocally condemning the cruel and discriminatory weaponisation of a woman's infertility as a means to strip her of rights guaranteed under Pakistani law. Chief Justice Yahya Afridi, while dismissing a petition in which a husband had challenged his wife's right to maintenance and dower, castigated him for the sheer cruelty he inflicted upon her, not just in marriage but through prolonged litigation. The petitioner had abandoned his wife within a year of their union and failed to provide any support or maintenance thereafter. Years later, when she turned to the courts seeking recovery of her dowry, maintenance and dower, he responded with some vindictive claims, alleging she was medically unfit for conjugal duties, incapable of bearing children, and effectively challenged her identity as a woman under the law to deny her rightful legal entitlements. This deeply offensive and baseless claim, disproven by medical evidence, formed the crux of his legal strategy. In doing so, he subjected his estranged wife to years of public humiliation, emotional trauma and highly invasive medical examinations through three tiers of court, causing the judicial process itself to become a tool of degradation. In his seven-page order, where the petitioner was also fined Rs500,000 for his malicious assertions, the chief justice made it unequivocally clear that infertility, in any case, cannot be used as a pretext to deny a woman her right to dower or maintenance, nor can it be grounds to question her womanhood. In a country where women are routinely deprived of maintenance on flimsy, fabricated or no grounds at all, the moral clarity and unambiguous reasoning of this ruling decisively shuts the door on all such regressive justifications. The Supreme Court's ruling is a commendable intervention, but more must be done to protect women against such malevolent legal harassment and systemic erosion of their rights. As the chief justice noted, '… women in our society constitute a vulnerable group, whose dignity requires vigilant protection and care'. In an ideal system, the respondent should never have had to defend her womanhood in open court, an ordeal that could have been avoided with greater sensitivity and restraint from the lower judiciary. While the Supreme Court has, in recent years, largely stood firmly on the side of justice for women facing systemic and social abuse, it is the lower courts where the adoption of more gender-sensitive approaches is essential to ensure that the legal process does not become a harrowing experience for female litigants. Therefore, more gender-sensitive training, procedural safeguards and legal protections must be introduced to ensure that women are not re-victimised by the very system they turn to for justice. Here, it is also important to question societal norms that have turned infertility and personal choices around child-bearing into sources of stigma, reducing a woman's worth to her reproductive capacity. This mindset not only fuels discrimination within families and communities but also enables structural injustices to be inflicted upon women without shame or consequence. Breaking this stigma is vital to ensuring women are treated with dignity, both in society and before the law. Copyright Business Recorder, 2025
Business Recorder
a day ago
- Politics
- Business Recorder
Justice delayed, reform deferred
EDITORIAL: The Chief Justice of Pakistan is right, of course. Timely and effective justice is not just a constitutional duty, it's a moral one. But acknowledging the imperative is one thing. However, delivering on it, especially in a system as chronically dysfunctional as ours, is another. This week's fifth 'interactive session' chaired by Chief Justice Yahya Afridi at the Supreme Court painted a picture of progress. Of the 89 reform initiatives identified under the judiciary's ongoing modernisation agenda, 26 are reportedly complete, 44 are in progress, and 14 are queued up. A commendable pace, if the numbers are accurate; and if they mean anything at all outside internal review meetings. The court claims these efforts have already reduced case pendency. That would be meaningful, if measurable. But for most Pakistanis waiting months, years, or even decades to get a hearing — let alone a judgment — this kind of bureaucratic bookkeeping does little to inspire confidence. We've heard versions of this script before. Reforms have been promised for decades. Automation, digitisation, efficiency; the vocabulary shifts, but the outcome never does. Cases continue to pile up. Litigants continue to die waiting. And the justice system remains a byword for delay, corruption, and elite capture. If anything, the Pakistani judiciary has become one of the most inefficient and compromised arms of the state. Lower courts are riddled with rent-seeking. High courts are overwhelmed by both incompetence and politicisation. And the Supreme Court itself — often the final refuge for those failed by every other institution — is only just beginning to acknowledge the scale of the breakdown. When Chief Justice Afridi expresses concern over slow categorisation of cases or lagging digitisation efforts, he is essentially admitting that even internal housekeeping remains a struggle. These are not grand constitutional challenges. They are operational basics. If the court can't process a case file in time, how will it ever process justice? What makes it worse is the gap between performance and perception. The judiciary has long been one of the most distrusted institutions in the country, and not without reason. Its top appointments have often served as instruments of power politics. Its lower ranks are widely seen as transactional. And its track record on serving the average citizen is abysmal. From land disputes to criminal appeals to family law, justice in Pakistan is routinely delayed, prohibitively expensive, and painfully opaque. Reform cannot be an internal conversation. It must be a public transformation. That's why the Supreme Court's language of 'interactive sessions' and 'review meetings' needs to be replaced with something more concrete. How many cases have actually been decided faster? How many courtrooms are functioning more efficiently today than a year ago? How many litigants have benefited from the 'Case Management System'? What percentage of backlog has been cleared — and not just shifted around? The judiciary cannot keep hiding behind process when what the country needs is outcome. It cannot speak in the language of moral responsibility while remaining structurally unaccountable. The fact that Pakistan still does not have a proper mechanism for judicial performance evaluation, or disciplinary oversight, says everything about how far we are from meaningful reform. Until judges at every level are answerable for delays, reversals, and mismanagement, the justice system will continue to fail those who need it most. So yes, timely justice is essential — and long overdue. But it will not come from power points or pledges. It will come from an overhaul in how the judiciary sees itself: not as an untouchable tier of the state, but as a public service; funded by taxpayers, designed for citizens, and judged by results. The Chief Justice has said the right things. Now the institution must do the hard things. Because until ordinary Pakistanis get justice they can see, feel, and afford, justice will remain a slogan, not a system. Copyright Business Recorder, 2025
Express Tribune
3 days ago
- Politics
- Express Tribune
Opp seeks CJP's intervention in May 9 trial proceedings
Chief Justice of Pakistan Yahya Afridi speaks at a conference at the Federal Judicial Academy in Islamabad on July 25, 2025. SCREENGRAB The Opposition in the Punjab Assembly has called upon Chief Justice of Pakistan (CJP) Yahya Afridi to personally intervene in the trial procedures being adopted by Anti-Terrorism Courts (ATCs) in the May 9 cases involving PTI lawmakers, workers and supporters. The demand was made through a formal letter addressed to the CJP, in which the opposition highlighted various alleged loopholes and violations in the legal process. The letter contended that PTI leaders and supporters have been deprived of their constitutional right to a fair trial under Article 10-A of the Constitution. Speaking to journalists at the Punjab Assembly, Deputy Opposition Leader Muhammad Moeenudin Riaz said that the letter had been sent to draw the CJP's attention to "sheer violations" committed during the trials. He claimed that PTI lawmakers and supporters were sentenced despite these procedural flaws being overlooked. He further stated that the Opposition has also urged the CJP to review the verdicts handed down by the ATCs in connection with the May 9 incidents. "No PTI leader, worker or supporter was granted a fair opportunity to engage proper legal defence in the May 9 cases," Riaz asserted. He added that even the lawyers representing the accused were not given sufficient time to prepare their cases. Under Article 10-A of the Constitution, every accused individual is entitled to a fair trial and due process, he emphasised. The deputy opposition leader also called for the formation of a judicial commission to investigate the May 9 cases. He further demanded that media personnel be allowed access for proper coverage of the court proceedings.
Express Tribune
4 days ago
- Politics
- Express Tribune
Punjab opposition demands CJP's intervention in May 9 cases
Listen to article Opposition in the Punjab Assembly has called on Chief Justice of Pakistan (CJP) Yahya Afridi to personally intervene in the procedures being followed by Anti-Terrorism Courts (ATCs) during the trial proceedings of PTI lawmakers, workers, and supporters in the May 9 cases. The demand was made through a letter addressed to CJP Afridi, highlighting various loopholes and alleged violations committed during the trial proceedings, which, according to the letter, deprived PTI members of their constitutional right to a fair trial under Article 10-A of the Constitution. Deputy Opposition Leader in the Punjab Assembly, Muhammad Moeenudin Riaz, told journalists that they had written to the CJP to draw his attention to these serious violations, noting that PTI lawmakers and supporters were sentenced despite these concerns being ignored. He said the letter also urged the Chief Justice to review the decisions handed down by the ATCs, which awarded sentences to PTI lawmakers and supporters in connection with the May 9 incidents. "No PTI leader, worker, or supporter was given a fair opportunity to engage proper legal defence in the May 9 cases," Riaz stated. 'What to speak of PTI leaders and workers—even the lawyers representing them were not granted adequate time to prepare their cases,' he added. He emphasised that the right to a fair trial and due process is guaranteed under Article 10-A of the Constitution. Riaz also said that the opposition has demanded the formation of a judicial commission to investigate the May 9 cases and called for the media to be granted access for proper coverage of these proceedings.
Business Recorder
6 days ago
- Politics
- Business Recorder
Islamabad Declaration approved: Landmark dialogue on judicial wellbeing held
ISLAMABAD: The Islamabad Declaration on Judicial Wellbeing called judicial wellbeing a structural imperative for a responsive and sustainable justice system. Marking the International Day for Judicial Wellbeing, a national symposium was held at the Federal Judicial Academy, here on Friday, under the theme 'The Human Dimension of Responsive Justice.' The event brought together judges of the superior and district judiciary, legal experts, development partners, and institutional stakeholders for a landmark dialogue on judicial wellbeing in Pakistan. In his keynote address, Chief Justice of Pakistan Yahya Afridi underscored the urgent need to humanise judicial reforms by recognising the emotional, psychological, and institutional pressures faced by judges, particularly at the district level. 'A judge who is institutionally supported is better able to be fair, focused, and effectively responsive,' he remarked, affirming his unwavering commitment to ensure dignity, protection, and institutional support for the judiciary. Chief Justice Afridi outlined a series of judicial reform initiatives led through the National Judicial (Policy Making) Committee, including the establishment of Model Criminal Trial Courts, timelines for speedy disposal of civil and criminal matters, development of a Professional Excellence Index, and formulation of ethical guidelines for the use of Artificial Intelligence in the judiciary. The special focus was placed on the wellbeing of the district judiciary, with reforms addressing extraneous influence, performance evaluation, standardised recruitment, parity in service terms, and enhanced access to international exposure. In a promising development, he announced forthcoming Memoranda of Understanding with the Supreme Court of China and the Constitutional Court of Türkiye for judicial cooperation, including the exchange of judicial officers. The symposium concluded with the unanimous adoption of the Islamabad Declaration on Judicial Wellbeing, calling judicial wellbeing a 'structural imperative' for a responsive and sustainable justice system. The declaration affirmed the need to embed judicial wellbeing in all areas of reform—case management, digital integration, infrastructure, and staffing—while fostering a culture of empathy, collegiality, and institutional care. The declaration urged the stakeholders at the national and provincial levels to integrate judicial wellbeing into policy and training and calls upon development partners to collaborate in the design and implementation of a National Judicial Wellbeing Framework. Copyright Business Recorder, 2025
