Police officers walk past Pakistan’s Supreme Court building, in Islamabad, Pakistan, April 6, 2022. REUTERS
ISLAMABAD:
Although the federal government has subordinated the Supreme Court to the newly created 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 brought the new amendment to clarify that the current Chief Justice would be known as Chief Justice of Pakistan during his tenure.
The expired amendment was not part of the previous 27th constitutional amendment bill that passed the Senate.
On the other hand, the word “Pakistan” has been struck down by the Supreme Court. Likewise, the FCC’s decision will be binding on the Supreme Court. Lawyers question the new amendment that ensured 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 call a judicial convention. The same is asked of retired judges and lawyers. It is known that he did not call any formal full court meeting on the issue.
Following 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 27th amendments were not possible without the cooperation of the Supreme Court.
A former Attorney General of Pakistan, commenting on the amendment related to CJP Afridi, says that this amendment reminds him of the 8th constitutional amendment that mentioned General Zia by name.
Advocate Abdul Moiz Jaferii says several senior judges have asked the Chief Justice to stand up for what is right. Lawyers have asked him to pray for action to save the Supreme Court of Pakistan.
“You have been told that the institution is crumbling around you. What is your response? We are told that you have taken a firm stand on this matter.”
On the question of whether he would continue to be called Chief Justice of Pakistan, Jaferii states that “Nero played the violin while Rome burned. Our CJP was content to retain a meaningless title while riding on a horse called justice.”
Faisal Siddiqi’s advocate says that the amendment benefits the current regime, but the fascinating thing is that there is only one specific amendment for one person whose beneficiary is CJ Yahya Afridi. “The CJ’s specific amendment only applies to the current holder. In contrast, the immunity provision will benefit not only current holders but also future holders.”
Lawyer Salahuddin Ahmed states that “in the 27th constitutional amendments there are three specific laws for each person. Generally, these types of amendments have always been thrown into the dustbin of history.”
After the 27th constitutional amendment, sources revealed to The Express PAkGazette that the judges are deliberating whether they will tender their resignation.
Two Supreme Court justices are reportedly seriously considering resigning from their positions. On the other hand, some judges urge them to fight for the independence of the institution within the system.
Meanwhile, a convention of lawyers from the Karachi Bar Association strongly condemned the passage of the 27th Amendment and called it a betrayal of the parliamentarians’ oath to defend and preserve the Constitution. The amendment tears down 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 those members of the Supreme Court (in particular its Constitutional Chamber) who have shown their complete indifference, over the last year, 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 to be a mortal blow to civil supremacy in Pakistan. “This amendment is proposed to be passed on Friday, November 14, 2025, on which day 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 organize processions and lead convoys towards Sukkur where a lawyers’ convention will be held the next day i.e. Saturday (November 15) where new measures will be announced.
Hundreds of advocates participated in the convention, including elected members of the KBA and representatives of the Sindh Bar Council and various bar associations across Sindh.
