Islamabad: Chief Justice Yahya Afridi has stated that Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s petition pertains to Article 184(3) of the Constitution, and as such, the matter has been referred to a committee, with the constitutional bench to examine it.
In a conversation with journalists in Islamabad, the Chief Justice mentioned, “I have instructed the committee to review the letter and make a decision.” He clarified that the letter had been sent to the judges’ constitutional committee, which would determine the course of action.
The Chief Justice revealed that the decision to refer Imran Khan’s letter to the committee was made just the day before.
This conversation took place after a one-hour meeting between the Chief Justice and a six-member International Monetary Fund (IMF) delegation, which was led by the Chief Justice.
Chief Justice’s Meeting with IMF Delegation
During the meeting, Chief Justice Afridi briefed the IMF delegation on Pakistan’s judicial system and ongoing reforms. Discussions also covered the appointments of judges and constitutional amendments.
The Chief Justice explained to the delegation that the judiciary operates independently under the Constitution and that it was not the judiciary’s role to provide IMF with all the details.
He also informed the IMF delegation about the National Judicial Policy Making Committee (NJPMC) agenda and explained that the supervision of subordinate courts falls under the jurisdiction of the High Courts.
The delegation expressed interest in the enforcement of property rights and contracts in Pakistan. Chief Justice Afridi reassured them that reforms are underway.
Transparency Regarding the IMF Delegation Visit
The Chief Justice emphasized transparency regarding the IMF delegation’s visit to the Supreme Court, stating that the public has the right to know the facts.
He shared that Prime Minister Shehbaz Sharif had sent a letter to inform him of the IMF’s concerns, to which the Chief Justice responded via the Attorney General. He conveyed that he would not be replying to the letter in writing, but instead invited the Prime Minister to visit the court with the IMF delegation personally.
Islamabad High Court Judges’ Letter
Chief Justice Afridi further disclosed that six Islamabad High Court judges, who had written a letter concerning judicial interference, were invited to his residence after taking their oath. He remarked that the issue of judicial interference is always discussed in the Supreme Judicial Council’s meetings.
Commenting on the letter-writing behavior of judges, the Chief Justice said that such practices would improve over time and that the judges should have been more patient before airing public complaints.
“We should resolve issues rather than complicating them further,” he said, stressing the importance of trust in the system.
Judicial Reforms and Case Hearings
Chief Justice Afridi announced that, starting next week, two permanent benches will exclusively hear criminal cases. Additionally, he confirmed that death penalty cases would be scheduled for an expedited hearing.
“Cases will only be heard once new judges are appointed,” he clarified.
The Chief Justice also revealed that a meeting of the Judicial Policy Making Committee is being called to discuss judicial reforms.
Judicial Appointments and Reforms
Chief Justice Afridi reiterated his commitment to working within his authority concerning judicial matters and dismissed the allegations of “appointments of favored judges” as baseless.
He explained that the transfer of judges from High Courts and their seniority are separate matters and should not be confused.
He also disclosed that a recent letter written by four judges had been broadcasted on television before it was even opened.
“I don’t understand why they didn’t wait and got anxious so quickly,” he commented.
He highlighted the role of Justice Miangul Hassan Aurangzeb, who was appointed as an acting judge due to his expertise in tax-related cases, and stated that he intends to bring him to the Supreme Court, where his name will be reconsidered in the upcoming Judicial Commission meeting.
Moving Forward with Judicial Reforms
Chief Justice Afridi mentioned that during the Judicial Commission’s proceedings, he had already expressed his opinion, acknowledging that judicial review could be conducted on his position.
He recalled that in one commission meeting, a Chief Justice had remarked that other members had nominated even more qualified candidates.
“If there hadn’t been a boycott yesterday, another capable judge could have been appointed to the Supreme Court,” he added.
He expressed hope that the agenda of the National Judicial Committee would be finalized by tomorrow.
He noted that consultations had been held with both the Prime Minister and the Leader of the Opposition regarding matters of justice delivery.
When asked about internal differences within the judiciary, Chief Justice Afridi said that old traditions among judges persist, and it will take time to change them.
“Everything will gradually improve,” he assured.
Final Remarks on Judicial Commission
The Chief Justice highlighted recent changes in the Judicial Commission, noting that any member could now propose a name for consideration.
“The best judges are being included,” he said.
He reiterated the importance of allowing the judicial system to operate smoothly without hindrance.
“I have told my fellow judges to allow the system to function smoothly and strengthen it, rather than disrupt it,” he concluded.
