Islamabad:
Since the approval of the 26th Constitutional amendment in October last year, the Federal Government led by PML-N has remained largely successful to reach the courts. The most significant event is the award of sentences to 204 individuals, belonging to the PTI, in cases of May 9 disturbances.
The president of the president of Pakistan, Yahya Afridi, has played a key role in the expedited judgments in the cases of May 9. In April, a bank led by it gave a four -month deadline before the Anti -Terrorist Courts (ATC) to complete the judgments.
Similarly, the Constitutional Bank of the Supreme Court, which was formed by virtue of the 26th Constitutional amendment, has also supported the trials of 103 rufflers of May 9 by military courts.
Most of the convicts, including the nephew of the founder of PTI, Imran Khan, are behind the Bar Association, waiting for the approval of a proposed legislation to obtain the right of appeal against their convictions by the military courts.
Despite the completion of a 45 -day deadline, the Government has not taken any step to give the right to appeal against the decisions of the military courts.
The Constitutional Bank is also not sitting due to summer holidays. Three detailed judgments are expected in crucial cases (related reserved seats, transfer of judges to the Superior Court of Islamabad (IHC) and Military Courts.
On the other hand, the government is waiting for an appropriate time to bring the 27th constitutional amendment. A senior government official admitted that the creation of a federal Constitutional Court is under serious consideration.
Judicial role since May 9, 2023
The role of the Judiciary has been vital in the midst of the ongoing confrontation between the security establishment and the PTI, a confrontation that began after the expulsion of the PTI government in April 2022.
However, the establishment was disappointed, when a bank led by the former head of Pakistan Justice Umar Atta Bandial assumed an issue related to the arrest of the chief of PTI, Imran Khan, on May 9, 2023 and ordered the agencies of application of the law to present it in court.
Subsequently, the court relieved Imran, which altered further executive officials.
EX-CJP Bandial was anxious to hold general elections of the Punjab and Khyber Pakhtunkhwa assemblies within the 90-day period, but could not do it due to several reasons.
The former government led by PML-N had issued a notification about the appointment of Judge Qazi Faez Isa as the next months of CJP before the retirement of Justice Bandial. After taking care of the SC, Judge Isa did not disappoint the current government in any important matter.
Ex-Cjp Isa did not realize the accusations of violation of human rights, as well as the electoral rig.
During his term, the sentence that declared civil judgments in military courts as unconstitutional was suspended, the PTI was deprived of its electoral symbol before the February 8 elections, the workers and leaders of the party could not obtain bond and Imran was sentenced in three cases during their judgments in jail.
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” that formed after the elections. When some judges expressed concerns about the interference of agencies in judicial functions, Judge Isa did not support them.
The lawyers believe that Judge Isa’s greatest step to facilitate the Executive was the elevation of the former president of the Superior Court of Lahore, Malik Shahzad Ahmad Khan, before the Apex court.
The current government felt very uncomfortable with Judge Khan due to his bold steps to guarantee equity in litigation related to electoral disputes and cases of May 9.
Ex-LHC CJ was the greatest obstacle in manipulation of judgments in the affairs of May 9. Shortly after their elevation to SC, the different ATC judges were transferred to executive satisfaction.
After six IHC judges wrote a letter to Judge Isa in March last year, the Executive began working in a plan to control the Superior Judiciary.
A section of judges had tried to ensure the independence of the Judiciary giving the decision of July 12, 2024 in the case of the reserved seats, but they could not succeed.
Post 26th Judicial Amendment
Instead of joining the independence of the institution, SC judges are visibly divided into two fields. The beneficiaries of the constitutional amendment in the Judiciary did not disappoint the current government in any issue.
The executive feels completely comfortable with all the superior courts and with the Apex court. Most dissident judges have been marginalized and have not been included in the Constitutional Bank. Even the judges who were not in the good books of the Executive have been marginalized in the IHC.
The government’s plan has also been successful in the IHC in which they transferred three judges from other higher courts. Subsequently, Judge Sardar Muhammad Sarfraz Dogar became the IHC CJ according to the government’s plan.
It is being seen that the Executive has a total domain in the process of appointing the judges of the upper courts after the 26th constitutional amendment. After the 26th amendment, the PTI could not obtain any substantive relief in any matter. Now questions about convictions are being asked in the cases of May 9.
It was learned that two high-ranking PTI leaders recently met with CJP Yahya Afridi to express apprehensions on the non-adhesion of article 10-A of the Constitution during the judgments. There is a strong perception that “excessive and unjustified” sentences are granted to most PTI activists and legislators.
Now all the eyes are now in the LHC, which will hear the appeals against the convictions. In general, the convicted have to surrender to the courts before presenting appeals against their convictions. One of PTI’s legal team revealed that they are considering alternative strategies to declare the case against convictions.
Despite the passage of several months, Imran Khan’s requests and his wife Bushra Bibi for the suspension of prayers in the case of 190 million pounds have not been decided by the IHC. It will be interesting to see which LHC Bank is assigned the task to listen to appeals against convictions.
The lawyers fear that if the situation remains the same and the convictions are granted without adherence to due process, people will lose total confidence in the Judiciary and the last loser will be the justice system.
The judges, who are in the driving seat in the superior judiciary, must evolve a mechanism to end the perception that the Judicial Power of the amendment after 26 is working under executive influence.
