Although the chief judge of Pakistan (CJ) Yahya Afridi is enthusiastic by the induction of seven new judges at the Supreme Court, some legal experts examine appointments such as "packaging" To reduce the impact of independent judges of the Supreme Court. They also question the calendar of these appointments as a constitutional bench (CB) intends to constitute a full court to hear petitions against the 26th constitutional amendment. Four SC judges have already raised their voice at the time of these appointments. Extraordinary arrangements are made for the proof ceremony of six permanent judges today (Friday). We learn that more than 500 people should attend the oath ceremony. CJ Afridi will prove the oath to these judges. Doctor Yasser Kureshi, who recently wrote a book on judicial policy in Pakistan, said that a judicial commission dominated by the Government of Pakistan (JCP) is "packaging" The Supreme Court with new judges, with the aim of diluting the proportion of judges opposed to the 26th amendment.
"This also means that the government will have a larger pool of pro-government judges from which selecting CBS judges for important affairs related to the interests of the government. Kureshi said that the government can be more confident than, for the moment, the judges seeking to repel the amendment are in numerical inferiority and sidelined. And the government will not have to worry about the judicial examination of its actions.
"We have seen such measures taken by authoritarian leaders from other countries such as Hungary, Poland and Turkey in the past, and Pakistan is following a similar script today," He said. Former federal minister Fawad Chaudhry, who is also a defender of the Supreme Court, said that the appointment of 43 judges, including seven judges from the Supreme Court, in less than 100 days increases the eyebrows.
"As a rule, the packaging of the courts occurs after a provisional constitutional order (PCO), but this time, this occurs without official PCO. This maneuver is as controversial as judicial appointments under martial law, and these judges are considered to be facilitators of authoritarianism," He added. Abdul Moiz Jaferii Advocate said that we saw the expected sequelae of the 26th amendment taking place, the courts across the country being packed by politicians without reasons offered.
"Now, this is the turn of the Supreme Court where many good judges are raised for bad reasons – does not give them the highest justice post in the country but to deprive them of their administrative and higher posts before their high lessons respective.
"No reason is given. No criterion is arranged transparently. Meanwhile, the chief judge ensures that money lenders (IMF)" Jaferii added. He also said that this capture was not durable. It would not have been possible that there had not been any accomplices of the interior. The bars were exhausted. The media were brought to heels. Politicians slowly sign the dotted line of their own future death mandates.
"Lenin is cited as saying that there are decades in which nothing happens and that weeks ago in which decades occur. We see weeks when decades of damage are caused to a system already overwhelmed by decades of stagnation," Jaferii said. The former additional prosecutor Tariq Mahmood Khokhar, who has the command of the judicial history of Pakistan, said that the reduction in judicial independence, both at the institutional and individual level, is obvious through the 26th constitutional amendment. This represents a corrupt use of "constitutional" And "legal" means making legal packaging, he said.
"The 26th constitutional amendment is an underlying, but the executive agenda continues without control. A majority made in the JCP transformed it into a government tool," He said. Khokhar said that many perceive it as a judicial capitulation. The constitutional fundamentals, including the separation of powers, were made obsolete. Independent and impartial observers now expect a flexible judicial power in cases involving interests or power of managers.
"The state of the judiciary is disastrous: it is less and less independent, less competent and offers less impartial justice," He adds. Hafiz Ehsaan Ahmad Advocate, however, defended the increase in the number of judges in SC.
"The new judges were appointed to SC for the recent 26th constitutional amendment under two different articles of the Constitution. "Four main judges of different high lessons are also raised also in SC, which is also unprecedented."
He also said that there were new chances that more judges be brought to the SC under the two provisions of article 177 of the Constitution, because no Punjab judge was raised. According to the constitutional expert, the persistent differences between the higher judiciary will not end but will not yet increase that the question of the 26th constitutional amendment is not settled.
"Now, it is the responsibility of the chief judge and other judges of the Supreme Court to make a viable strategy for the early fixation of all fresh and old affairs and to decide them as soon as possible so that real fruits such an increase in judges can flow to litigants.
"It is high time that SC judges should sit together and resolve their differences within the constitutional limits of their internal meetings and should not disclose their concerns in the media or through their observations in legal proceedings."
