ISLAMABAD: The PML-N-led government has taken steps to enhance the powers of Chief Justice of Pakistan Qazi Faez Isa by allowing him to form benches and assign high-profile cases through amendments to the Supreme Court Practice and Procedure Act 2023.
Following the promulgation of these amendments, CJP Isa reconstituted a committee, removing Justice Munib Akhtar and replacing him with Justice Aminuddin Khan, the fifth most senior judge of the Supreme Court. Notably, Justice Yahya Afridi, the fourth most senior judge, was not included in the new committee, while Justice Syed Mansoor Ali Shah remains a member.
This development has sparked debate over the government’s motivations in bolstering CJP Isa’s position just before his retirement. Tensions between CJP Isa and Justice Munib Akhtar have been apparent since the hearing of a case concerning a presidential reference related to Isa’s removal.
Following the retirement of former CJP Umar Ata Bandial, Ijazul Ahsan resigned, and Justice Mazahar Ali Akbar Naqvi was dismissed. Former DG ISI General Faiz Hameed, who initiated the reference against Isa, is currently facing a court martial initiated by a bench led by CJP Isa.
CJP Isa has faced challenges implementing his agenda, particularly regarding the early hearings of PML-N’s review petition related to reserved seats and the Arshad Sharif murder case, as his views have not gained majority support among judges.
Legal experts have raised concerns about the implications of the new ordinance, claiming it effectively grants CJP Isa unprecedented control over case assignments. Former additional attorney general Waqar Rana characterized this move as unconstitutional, arguing it demonstrates apparent malice in its execution.
Advocate Salaar Khan criticized the removal of Justice Munib Akhtar, suggesting that it contradicts Isa’s previous principles regarding the limitations of the Chief Justice’s powers. He emphasized the importance of transparency in judicial proceedings and the need for a full court meeting among Supreme Court judges to address these concerns.
Legal analyst Hafiz Ehsaan Ahmad noted that the amendments significantly alter the composition of Supreme Court benches and the handling of suo moto cases. He pointed out that the new provisions could lead to more systematic case management, reducing delays and promoting predictability in court scheduling.
As discussions continue regarding these legislative changes, questions linger about the motivations behind the government’s actions and their potential impact on judicial independence.
