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CJP seeks input on judicial reforms from PM, opposition leader

2025-02-12
ISLAMABAD: Chief Justice of Pakistan (CJP) Yahya Afridi has invited Prime Minister Shehbaz Sharif and Leader of the Opposition Omar Ayub Khan to propose improvements to the justice system, which will be taken up in the upcoming National Judicial Policymaking Committee (NJPMC) meet-ing, expected at the end of February.

In an informal meeting with the media, the CJP also discussed his Tuesday meetingwithanInternational Monetary Fund (IMF) delegation and acknowledged receiving a letter from PTI founder Imran Khan, who raised concerns over the non-hearing of petitions under Article 184(3) of the Constitution, filed by him and his partyregarding alleged human rights violations.

The CJP said Mr Khan`s letter had been forwarded to the Constitutional Committee, which determines the scheduling of cases before the Constitutional Bench, for consideration.

CJP Afridi revealed that he had invited the Prime Minister, through Attorney General for Pakistan (AGP) Mansoor Usman Awan, to visit the Supreme Courtalong with his team to propose judicial reforms. However, he clarified that the final decision rests with the NJPMC, and high courts, as independent entities, may reject certain suggestions.

Likewise, the opposition leader has also been invitedtosuggestissuesfor inclusion in the NJPMC meeting agenda, which will be shared with both leaders in the coming days.

`We have asked both the government and the opposition for their input on judicial improvements because Pakistan belongs to all of us,` the CJP said.

Seniority controversy Addressing recent concerns regarding judicial seniority, the CJP said the Judicial Commission of Pakistan (JCP) meeting on Monday had touched upon the issue of Islamabad High Court (IHC) judges` seniority, which he himself raised by questioning the inclusion of a particular judge in the seniority list.

`I personally believe that a certain name should not have been included in the seniority list, as I do not consider him among the five most senior judges of the high court,` he said. However, he added that the system had spoken during the JCP meeting, and its decisions must be trusted.

CJP Afridi expressed disappointment that senior judges had chosen to write letters instead of waiting for the JCP proceedings.

He argued that judicial transfers should be viewed as a constitutional provision rather than being conflated with seniority issues.

Clarifying his position, the CJP said he would recuse himself from any bench adjudicating the seniority dispute, as he had already expressed his opinion.

He also criticised the absence of certain JCP members during Monday`s meeting, saying it had led to a `very good judge` missing an opportunity for elevation to the Supreme Court.

The CJP further lamented that judges` letters were reaching themedia before his office, citing a case where a letter was publicised even before he had opened it.

`Judges become anxious, but it is the fault of chief justices if their fellow judges feel their concerns are not being addressed,` he observed.

Defending judicial appointments, he rejected accusations of court-packing, arguing that Supreme Court judges are now hearing between 30 and 40 cases a day, significantly more than the previous workload of 12 cases per day.

About the appointment of Justice Miangul Hasan Aurangzeb as an acting judge in the Supreme Court, the CJP said he personally wanted him since he has to run the court and wanted someone who could hear and decide corporate and taxation matters pending in the top judiciary.

`My brother judges who used to hear corporate matters are not hearing such cases these days,` the CJP said, adding that Justice Aurangzeb`s inclusion in the Supreme Court did not mean that he would be out of the race for IHC chief justice.

Responding to concerns about a junior judge being elevated over a senior one, he stated that if all JCP members had attended the meeting, senior judges would have been considered.

The CJP alsoannouncedthatthe Code of Conduct for Judges would soon be amended.

Meeting with IMF delegation On Tuesday, an IMF delegation led by Joel Turkewitz met with CJP Afridi at the Supreme Court, where discussions focused on judicial performance, governance and reforms.

The CJP emphasised thatPakistan`s judiciary is independent and that, as head of the institution, it is his responsibility to protect its autonomy.

He said that while direct engagement with IMF missions is unusual for the judiciary, the Finance Division had requested this interaction.

CJP Afridi highlighted key constitutional developments with respect to the JCP and reforms, including senior-level judicial appointments, judicial accountability and the restructuring of the commission.

He elaborated on the merits of integrating the judiciary and the parliamentary committee to ensure a more transparent and efficient judicial selection process and informed that the Supreme Court was finalising a critical agenda for the upcoming NJPMC meeting.

This agendais being preparedin consultation with various stakeholders, and the IMF mission is invited to share any key proposals.

Discussions during the meeting also centred on judicial accountability and the mechanisms for addressing complaints against judges.

The CJP emphasised the importance of a robust and fair accountability process to uphold the integrity and independence of the judiciary.

The IMF delegation acknowledged the judiciary`s role in maintaining legal and institutional stability and expressed its appreciation for ongoing reforms aimed at strengthening governance and accountability.

The discussion reaffirmed a shared commitment to enhancing judicial efficiency and upholding the rule of law as a cornerstone of economic and social progress.