The court in Pakistan is deeply divided on the 26th Constitutional Amendment, according to a letter sent by four senior judges of the Supreme Court. In a letter addressed to Chief Justice Yahya Afridi, Justices Syed Mansoor Ali Shah, Munib Akhtar, Ayesha Malik, and Athar Minallah urged immediate action to regain public faith in the court system.
The justices voiced their displeasure with the slow processing of petitions contesting the amendment and the appointment of new justices to the highest court in the land. Appointing judges who are perceived as benefiting from the amendment, they said, might further damage the credibility of the judiciary.
Criticising CJP Afridi for failing to call a full court to consider the matter, the letter cast doubt on the judiciary’s openness. There are many who hold the view that the present makeup of the constitutional bench is largely the result of the 26th amendment; furthermore, there are many who claim that the delays are intentional.
The quick appointment of more than 30 judges to high courts during this period has also prompted some worry. Retaining the Judicial Commission of Pakistan’s February 10 meeting would aid in avoiding additional harm to the integrity of the judiciary, according to former judge Shahid Jamil Khan, who characterised the letter as a wake-up call.
Accusations of bias and internal strife have placed the court in a precarious position. It must act swiftly to allay these fears and restore public faith. Keeping a fair and unbiased judicial process amidst these conflicts is a formidable challenge.
