The government has been working swiftly. After the passage of the 24th Amendment, the parliamentary committee for the appointment of the Chief Justice of Pakistan met, and named Mr Justice Yahya Afridi as the next, it is worth noting that Mr Justice Afridi was the most junior judge who could be considered, and his election has left two judges senior to him, who would have otherwise become Chief Justice one after the other, Mr Justice Mansoor Ali Shah and Mr Justice Muneeb Akhtar. Mr Justice Afridi also illustrates another provision of the 26th Amendment, as his retirement will take place after three years, in October 2027, not on his reaching the age of 65, which occurs sometime in 2030.
Mr Justice Afrridi will have two major tasks before him. The first will be the operationalization of the Constitutional Benches. This will not be very simple, for the judges on the Constitutional Benches will also be judges of the Supreme Court, and it is even possible that the Judicial Commission would appoint him to the Constitutional Bench, in which case he will be its head. One of the major problems, one which has even now emerged, is that of assigning cases to the Constitutional Benches, and what role does the Supreme Court Registry play in this. The provinces will only get constitutional benches in their high courts after their assemblies pass enabling resolutions, but it is possible that Mr Justice Afridi will expedite this process, because an important part of the Supreme Court Benches will be as an appellate court for the high courts’ constitutional benches. The next task will be to win over the lawyers’ community which has expressed a negative reaction to his appointment. There are two components, which he will need to address separately. This first is the PTI supporters who do not so much object to his elevation as to the fact that it means that the springing of party chief Imran Khan from jail has been delayed and even jeopardized. The second is the natural conservatism of the legal community, which has found itself upset by the new benches.
The new Chief Justice has its own problems, but the government also has to play due role in providing him the necessary support without being seen as interfering in the judiciary. The challenge before all, whether government supporters, PTI enthusiasts or ordinary professionals, is ensuring the independence of the judiciary. That is what no one on compromise on.
