Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS
ISLAMABAD:
Although the federal government subordinated the Supreme Court to the new Federal Constitutional Court (FCC), Justice Yahya Afridi was rewarded with the title of Chief Justice of Pakistan through a constitutional amendment specific to him.
Law Minister Azam Nazeer Tarar introduced the new amendment to clarify that the outgoing Chief Justice of the Supreme Court would be known as the Chief Justice of Pakistan during his tenure.
The sunset amendment was not part of the previous 27th Constitutional Amendment bill that passed the Senate.
On the other hand, the word “Pakistan” was deleted in the Supreme Court. Likewise, the FCC’s decision will have a binding effect on the Supreme Court. Lawyers question the new amendment that got CJ Yahya Afridi demoted after the 27th amendment.
Earlier, Justice Syed Mansoor had urged CJP Afridi to engage the executive regarding the proposed 27th amendment. Similarly, Justice Athar Minallah also suggested CJP Afridi to convene a judicial convention. Retired judges and lawyers are also in demand. It is learned that no formal full court meeting has been convened by him on the issue.
After the adoption of the 27th constitutional amendment, Prime Minister Shehbaz Sharif on Wednesday thanked CJ Afridi for his cooperation. Legal experts agree that the 26th and 27th Amendments would not have been possible without the cooperation of the Supreme Court.
A former Attorney General of Pakistan, commenting on the amendment relating to CJP Afridi, says that this amendment reminds him of the 8th constitutional amendment which mentioned the name of General Zia.
Abdul Moiz Jaferii’s lawyer says several high-ranking judges have asked a chief justice to stand up for what is right. Lawyers petitioned him, asking him to act to save the Supreme Court of Pakistan.
“He was told that the institution was collapsing around him. What is his response? We are told that he put his foot down on this issue.”
On whether he would still be called the Chief Justice of Pakistan, Jaferii says “Nero played the violin while Rome burned. Our CJP was content to retain a meaningless title while riding a horse called justice.”
Faisal Siddiqi’s lawyer says the amendment benefits the current regime, but what is fascinating is that there is only one person-specific amendment whose beneficiary is CJ Yahya Afridi. “The specific amendment to the CJ only applies to the current holder. Conversely, the immunity provision will benefit not only current holders but also future holders.”
Lawyer Salahuddin Ahmed says that “the 27th constitutional amendments contain three laws specific to certain people. Usually, such amendments have always been thrown into the dustbin of history.”
After the 27th constitutional amendment, sources revealed to The Express PK Press Club that the judges were deliberating whether or not to tender their resignations.
It is learned that two Supreme Court judges are seriously considering the possibility of resigning from their positions. On the other hand, some judges invite them to fight for the independence of the institution within the system.
Meanwhile, a congress of lawyers of the Karachi Bar Association strongly condemned the adoption of the 27th Amendment and termed it a betrayal of the oath of parliamentarians to defend and preserve the Constitution. The amendment demolishes one of the three constitutional pillars of the state, namely the judiciary, and replaces the Supreme Court with a crony Federal Court hand-picked by the Prime Minister. “We further condemn the failure of Chief Justice Yahya Afridi and members of the Supreme Court (especially its constitutional judiciary) who have, over the last year, shown their complete indifference to the destruction of an independent judiciary simply to preserve their well-paid positions.”
The resolution further states that this convention considers the amendments to Articles 243 and 248 of the Constitution as a death blow to civil supremacy in Pakistan. “It is proposed that this amendment be adopted on Friday, November 14, 2025, the day when all bars in Sindh will observe a day of mourning for the Constitution and observe a complete strike in all courts in Sindh. They will also take out processions and head in convoys to Sukkur where a lawyers’ convention will be held the next day, i.e. Saturday (November 15), where further measures will be announced.
The convention was attended by hundreds of advocates, including elected members of the KBA and representatives of the Sindh Bar Council and various Sindh Bar Associations.
