Islamabad:
Since the adoption of the 26th constitutional amendment in October of last year, the federal government led by the PML-N has succeeded in being traveled by the courts. The most important event is the award of convictions to 204 people – belonging to the PTI – in the cases of riot of May 9.
The chief judge of Pakistan Yahya Afridi played a key role in the rapid trials in the cases of May 9. In April, a bench led by him gave the deadline for the deadline for anti -terrorist courts (ATC) to complete the trials.
Similarly, the Constitutional Banc of the Supreme Court, which was formed under the 26th constitutional amendment, also approved the trials of May 103 of May 9 by military courts.
The majority of the convicts, including the nephew of the founder of the PTI, the nephew of the PTI, are behind the bar, awaiting the adoption of a proposal for legislation to obtain the right of appeal against their convictions by the military courts.
Despite the completion of a deadline for 45 days, the government has not taken a measure to give the right to appeal against the decisions of the military courts.
The constitutional bench is not seated either due to summer vacation. Three detailed judgments in crucial cases – related reserved seats, the transfer of judges to the High Court of Islamabad (CIH) and military courts – are expected.
On the other hand, the government is waiting for an appropriate moment to bring the 27th constitutional amendment. A higher official of the government admitted that the creation of a federal constitutional court was considered to be serious.
Judicial role since May 9, 2023
The role of the judiciary was vital in the midst of the continuous confrontation between the security establishment and the PTI, a confrontation which began after the eviction of the PTI government in April 2022.
However, the establishment was disappointed, when a bench led by the former judge of Pakistan Umar Ata Bandial addressed a case linked to the arrest of the PTI chief, Imran Khan, on May 9, 2023 and ordered the police to present it in court.
Subsequently, the court supported Imran, which still upset the executive officials.
The former Bandial of the CJP wanted to hold general elections of the assemblies of Punjab and Khyber Pakhtunkhwa during the period of 90 days, but he could not do so for various reasons.
The former government led by PML-N had made a notification concerning the appointment of the Qazi Faez Isa judge as the next CJP months before the retirement of the Bandial Judge. After his care of the SC, Judge Isa did not disappoint the current government in any important case.
Ex-CJP ISA has not taken note of the allegations of human rights violation as well as electoral rigging.
During his mandate, the judgment declaring civil trials before the military courts, as unconstitutional, was suspended, the PTI was deprived of its election symbol before the February 8 elections, the workers and the party leaders could not obtain a deposit and Imran was sentenced in three cases during his prison trials.
Despite all these events, the results of the February 8 elections were shocking for anti-PTI elements. Ex-CJP ISA was considered a “system guarantor” which was formed after the elections. When some judges have raised concerns about agency interference in judicial functions, judge Isa did not support them.
Lawyers believe that the largest stage of judge Isa to facilitate the executive was the elevation of the former chief judge of the high court of Haute-Cour Malik Shahzad Ahmad Khan at the Supreme Court.
The current government was very uncomfortable with judge Khan because of its daring stages to guarantee the fairness of disputes linked to electoral and affairs of May 9.
The former CJ of the LHC was the biggest obstacle to manipulating tests in the questions of May 9. Shortly after its elevation at SC, various ATCS judges were transferred to the satisfaction of the executive.
After six CIHC judges wrote a letter to judge Isa in March of last year, the executive began working on a plan to control the higher judicial power.
A section of the judges had attempted to guarantee the independence of the judiciary by giving a decision of July 12, 2024 in the case of the reserved seats, but they could not succeed.
Judicial after the 26th amendment
Instead of united for the independence of the institution, the SC judges are visibly divided into two camps. The beneficiaries of the constitutional amendment in the judiciary did not disappoint the current government in any problem.
The executive is completely comfortable with all the high lessons as well as the Supreme Court. The majority of dissident judges have been sidelined and not included in the constitutional bench. Even the judges who were not in the good books of the executive were sidelined in the IHC.
The government plan has also succeeded in the IHC in which they transferred three judges from other high lessons. Subsequently, judge Sardar Muhammad Sarfraz Dogar became the CJ IHC according to the government plan.
It is found that the executive has total domination in the process of appointing the higher judges of the courts after the 26th constitutional amendment. After the 26th amendment, the PTI could not obtain any substantial compensation in any questions. Now questions are raised about convictions in the cases of May 9.
We learn that two senior PTI leaders recently met the CJP Yahya Afridi to express apprehensions about non-compliance with article 10-A of the Constitution during the trials. There is a strong perception that “excessive and unjustified” sentences are granted by the majority of activists and legislators of PTI.
Now all eyes are now on the LHC, which will hear calls against convictions. Generally, convicted people must go to court before depositing appeal against their convictions. One of the members of the PTI legal team revealed that they were considering other strategies to plead the case against convictions.
Despite the passage of several months, Imran Khan and his wife Bushra Bibi for the suspension of sentences in the case of 190 million pounds were not decided by the IHC. It will be interesting to see which bench LHC is assigned the task of hearing calls against convictions.
Lawyers fear that if the situation remains the same and that the convictions will be granted without membership in regular procedure, people will lose total confidence in the judiciary and the ultimate loser will be the judicial system.
The judges, who are in the headquarters of conduct in the higher judiciary, must change a mechanism to put an end to the perception according to which the 26 amendment judicial system works under executive influence.
