Police officers walk past the Supreme Court of Pakistan 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 awarded the title of Chief Justice of Pakistan through a person-specific constitutional amendment.
Law Minister Azam Nazeer Tarar introduced the new amendment to clarify that the sitting Supreme Court judge would be known as the Chief Justice of Pakistan during his tenure.
The sunset amendment was not part of the earlier bill on the 27th constitutional amendment that passed the Senate.
On the other hand, the word “Pakistan” has been deleted with the Supreme Court. Likewise, the FCC decision will have binding effect on the Supreme Court. Lawyers are questioning the new amendment which has secured the demotion of CJ Yahya Afridi after the 27th amendment.
Earlier, Justice Syed Mansoor had urged CJP Afridi to engage the executive on the proposed 27th Amendment. Likewise, Justice Athar Minallah also suggested CJP Afridi to convene a judicial convention. Retired judges and lawyers are requested to him the same. It is learned that no formal full court session was called by him on the matter.
After 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 would not have been possible without the cooperation of the Supreme Court.
Commenting on the amendment-related CJP Afridi, a former Attorney General of Pakistan says that this amendment reminds him of the 8th Constitutional Amendment, which General Zia mentioned by name.
Lawyer for Abdul Moiz Jaferii says a chief justice has been asked by several senior judges to stand up for what is right. Lawyers have petitioned him asking him to act to save the Supreme Court of Pakistan.
“He’s been told the institution is crumbling around him. What’s his response? We’re told he put his foot down on this issue.”
On the question of whether he would still be called the Chief Justice of Pakistan, Jaferii states that “Nero fiddled while Rome burned. Our CJP was content to retain a meaningless title while riding around on a horse called justice”.
Faisal Siddiqi lawyer says the amendment benefits the current regime but what is fascinating is that there is only one person specific amendment whose beneficiary is CJ Yahya Afridi. “The CJ-specific amendment applies only to the current incumbent. Conversely, the immunity provision will not only benefit current operators but also future incumbents.”
Barrister Salahuddin Ahmed states that “there are three person-specific laws in the 27th constitutional amendment. Normally, such amendments have always been thrown into the dustbin of history”.
After the 27th constitutional amendment, sources revealed to The Express Pakinomist that judges are considering whether to tender their resignations.
It is learned that two Supreme Court judges are seriously considering the possibility of stepping down from their posts. On the other hand, some judges encourage them to fight for the independence of the institution in the system.
Meanwhile, a bar meeting of the Karachi Bar strongly condemned the passage of the 27th Amendment terming it as a betrayal of the parliamentarians’ oath to defend and preserve the Constitution. The amendment dismantles one of the three constitutional pillars of the state, namely the judiciary, and replaces the Supreme Court with a federal court, handpicked by the Prime Minister. “We further condemn Chief Justice Yahya Afridi and those members of the Supreme Court (especially its Constitutional Court) who have shown their complete indifference over the last year to the destruction of an independent judiciary simply to retain their well-paid offices.”
The resolution further states that this Convention considers the amendments to Articles 243 and 248 of the Constitution as a death blow to civilian supremacy in Pakistan. “This amendment is proposed to be passed on Friday, November 14, 2025, on which day all Bars in Sindh shall observe a day of mourning for the Constitution and observe complete strike in all Courts throughout Sindh. They shall also take out processions and lead in convoys to Sukkur, where a Bar Convention is to be held on the next day, i.e., Saturday (November 15), when further announcements will be made.
The convention was attended by hundreds of advocates including the elected members of KBA and representatives of Sindh Bar Council and various Bar Associations of Sindh.
