Although the president of the Supreme Court of Pakistan (CJ) Yahya Afridi is excited about the induction of seven new judges to the Supreme Court, some legal experts consider such appointments as "Court packaging" To reduce the impact of independent judges on the Apex court. They are also questioning the moment of these appointments as a Constitutional Bank (CB) is listening to the requests for the constitution of a complete court to listen to requests filed against the 26th constitutional amendment. Four SC judges have already raised their voice at the time of these appointments. Extraordinary arrangements are being made for the oath ceremony of six permanent judges today (Friday). It is learned that more than 500 people are expected to attend the oath ceremony. CJ Afridi will administer the oath to these judges. Dr. Yasser Kureshi, who recently wrote a book on Judicial Policy in Pakistan, said a judicial commission dominated by the Pakistan government (JCP) is "packaging" The Supreme Court with new judges, with the aim of diluting the proportion of opposite judges to the 26th amendment.
"This also now means that the government will have a greater group of pro -government judges to select the judges for the CBS for important cases related to the interests of the government. Kureshi declared that the government may be safer that, for now, judges seeking to go back against the amendment are overcome and marginalized. And the government will not have to worry about the judicial scrutiny of its actions.
"We have seen such actions taken by authoritarian leaders in other countries such as Hungary, Poland and Türkiye in the past, and Pakistan today is following a similar script," said. Former Federal Minister Fawad Chaudhry, who is also a defender of the Supreme Court, said the appointment of 43 judges, including seven judges of the Supreme Court, in less than 100 days increases the eyebrows.
"In general, judicial packaging occurs after a provisional constitutional order (PCO), but this time, it is happening without an official PCO. This maneuver is as controversial as judicial appointments under martial law, and these judges are seen as facilitators of authoritarianism," Added. Abdul Moiz Jaferii lawyer said we are seeing the subsequent effects of the 26th amendment that develops, with courts throughout the country full of politicians without reasons granted.
"Now it is the turn of the Supreme Court where many of the appropriate judges are being high for the wrong reasons, not to pay them the highest judicial office on the land, but to deprive them of their administrative and superior positions in their respective superior courts.
"No reasons are allowed. No criteria is presented transparently. Meanwhile, the president of the Supreme Court is assuring money lenders (IMF) that everything is fine," Jaferii added. He also said that this capture is not sustainable. It would not have been possible if there had not been abets from the inside. The bars have been exhausted. The media have been brought to the heels. Politicians meekly sign the dotted line of their own future death orders.
"Lenin is cited saying that there are decades in which nothing happens and that there are weeks in which decades happen. We are seeing weeks in which decades of damage are made to a system already loaded for decades of stagnation," Jaferii said. The former additional attorney general Tariq Mahmood Khokhar, who has command on the judicial history of Pakistan, said that the decrease in judicial independence, both at the institutional and individual level, is evident through the 26th constitutional amendment. This represents a corrupt use of "constitutional" and "legal" It means achieving judicial packaging, he said.
"The 26th constitutional amendment is Sub Judice, but the Executive’s agenda continues without control. A majority manufactured in the JCP has made it a government tool," said. Khokhar said that many perceive this as judicial capitulation. Constitutional foundations, including the separation of powers, have become obsolete. Independent and impartial observers now expect a flexible judiciary in cases involving executive interests or power.
"The State of the Judiciary is terrible: it is less and less independent, less competent and offers less impartial justice," Add. Hafiz Ehsaan Ahmad Defensor, however, defended the increase in the number of judges in the SC.
"The new judges have been appointed for the SC in view of the recent 26th constitutional amendment under two different articles of the Constitution. "Four main judges of different higher courts also rise simultaneously to the SC, which also has no precedents."
He also said that there are more chances that more judges are brought in the SC under both provisions of article 177 of the Constitution, since there are still no Punjab judges. According to the constitutional expert, the persistent differences between the higher judiciary will not end, but will increase even more until the issuance of the 26th constitutional amendment is resolved.
"It is now the responsibility of the President of the Supreme Court and other judges of the Supreme Court to make a viable strategy for the early fixation of all fresh and old cases and decide them in the shortest possible time so that the real fruits of such an increase in judges can resort to The litigants.
"It is time for SC judges to feel together and resolve their differences within the constitutional limits in their internal meetings and should not reveal their concerns in the media or through their observations in judicial procedures."
