Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS
ISLAMABAD:
Though the federal government has made the Supreme Court subordinate to the newly established Federal Constitutional Court (FCC), Justice Yahya Afridi has been rewarded with the title of chief justice of Pakistan through a person-specific constitutional amendment.
Law Minister Azam Nazeer Tarar introduced the new amendment for the clarification that the incumbent chief justice of the Supreme Court would be known as chief justice of Pakistan during his term in office.
The sunset amendment was not part of the earlier bill of the 27th constitutional amendment which was passed in the Senate.
On the other hand, word “Pakistan” has been deleted with the Supreme Court. Likewise, the FCC decision will have binding effect on the Supreme Court. Lawyers are questioning the new amendment which has secured the demotion of CJ Yahya Afridi after the 27th amendment.
Earlier, Justice Syed Mansoor had urged CJP Afridi to engage the executive regarding the proposed 27th amendment. Likewise, Justice Athar Minallah also suggested CJP Afridi to convene a judicial convention. Retired judges and lawyers are requested him the same. It is learnt that no formal full court meeting was convened by him on the issue.
After the passage of the 27th constitutional amendment, Prime Minister Shehbaz Sharif on Wednesday thanked CJ Afridi for his cooperation. Legal experts agree that the 26th and the 27th amendments were not possible without the cooperation from within the Supreme Court.
A former attorney general for Pakistan, commenting on the amendment related CJP Afridi, says that this amendment reminds him of the 8th constitutional amendment which mentioned General Zia by name.
Abdul Moiz Jaferii advocate says that a chief justice has been asked by several senior judges to stand up for what’s right. Lawyers have petitioned him praying for him to act to save the Supreme Court of Pakistan.
“He has been told that the institution is crumbling around him. What is his response? We are told that he put his foot down on this issue.”
On the issue of whether he would still be called the chief justice of Pakistan, Jaferii states that “Nero fiddled whilst Rome burnt. Our CJP was content on retaining a meaningless title whilst riding around on a horse called justice”.
Faisal Siddiqi advocate says the amendment benefits the present regime but what is fascinating is that there is only one person-specific amendment whose beneficiary is CJ Yahya Afridi. “The CJ-specific amendment only applies to the current incumbent. Conversely, the immunity provision will benefit not only the present incumbents but also future incumbents.”
Barrister Salahuddin Ahmed states that “there are three person-specific legislation in the 27th constitutional amendments. Usually such amendments have always been thrown in the dustbin of history”.
After the 27th constitutional amendment, sources revealed The Express Tribune that judges are deliberating whether to tender their resignation.
It is learnt that two Supreme Court judges are seriously considering the option of resigning from their offices. On the other hand, some judges are urging them to fight for independence of the institution within the system.
Meanwhile, a lawyers convention of the Karachi Bar strongly condemned the passing 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 state, namely the judiciary, and replaces the Supreme Court with a crony Federal Court handpicked by the prime minister. “We further condemn the failure of Chief Justice Yahya Afridi and those members of the Supreme Court (in particular, its Constitutional Bench) who have shown their complete indifference, over the last year, to the destruction of an independent judiciary simply to preserve their well-paid offices.”
The resolution further states that this convention considers the amendments to articles 243 and 248 of the Constitution to be a death blow to civilian supremacy in Pakistan. “This amendment is proposed to be passed on Friday, 14 November 2025, on which day all bars in Sindh shall observe a Day of Mourning for the Constitution and observe complete strike in all courts throughout Sindh. They shall also take out processions and head in convoys for Sukkur where a Lawyers Convention shall be held the next day i.e. Saturday (15 November) where further course of action will be announced.
The Convention was participated by hundreds of advocates including the elected members of the KBA and representatives of the Sindh Bar Council and various Bar Associations across Sindh.
