Chief Justice of Pakistan (CJP) Yahya Afridi has quickly drawn a firm boundary against executive interference in the judiciary, marking a notable shift from his predecessor.
Shortly after taking office, CJP Afridi met with six Islamabad High Court (IHC) judges, who had previously written to the Supreme Judicial Council (SJC) in March to express concerns over agency involvement in judicial proceedings. Unlike ex-CJP Qazi Faez Isa, who opted to consult with Prime Minister Shehbaz Sharif about an inquiry commission on the matter, Afridi has taken a more direct approach.
While the prime minister agreed to form a commission led by former CJP Tassaduq Hussain Jillani, Jillani declined to participate, leading the Supreme Court to initiate suo motu proceedings on the IHC judges’ letter. Both the Lahore High Court (LHC) and Peshawar High Court (PHC) admitted during the hearing that interference from executive agencies is common knowledge. The LHC also raised concerns about two anti-terrorism court judges who allegedly faced harassment, with reports forwarded to the Supreme Court Registrar for a larger bench review.
Afridi emphasized that issues raised by judges should align with the SJC’s code of conduct, stating, “High courts are independent under the Constitution, and Article 184(3) should not compromise their independence.” Despite these assertions, the larger bench has not resumed the suo motu hearing in over five months.
Amid a campaign of alleged defamation targeting the six IHC judges, CJP Afridi’s support for the judges has been significant. Legal experts suggest Afridi may develop a more effective approach to countering executive interference compared to his predecessor.
A senior government official confirmed that CJP Afridi upholds the need to respect the separation of powers, stressing that each branch should stay within its defined limits. Afridi has also scheduled an SJC meeting for November 8 with an undisclosed agenda, where ongoing misconduct cases involving senior judges, including the IHC chief justice and Election Commission of Pakistan members, are likely to be discussed.
CJP Afridi has additionally called for a meeting with anti-terrorism court judges on November 7 to review case progress, especially given the ongoing delays in PTI-related terrorism trials.
A close legal associate expressed confidence in Afridi’s leadership, noting his focus on uniting the judiciary and shielding judges from outside influence, adding that an internally united judiciary would better withstand executive pressure.
The judiciary also faces executive pressure over the 26th Constitutional Amendment and potential changes to the Judicial Commission of Pakistan (JCP), which nominates judges and forms constitutional benches. Government initiatives to increase the Supreme Court’s size from 17 to 25 judges, aimed at creating constitution benches with representation from each province, have gained support in the Senate Standing Committee on Law and Justice. However, Senators Kamran Murtaza and Hamid Khan opposed the expansion, advocating for the Supreme Court’s input as a key stakeholder.
