Islamabad:
Since the passage of the 26th constitutional amendment in October last year, PML-N has led the federal government remained largely successful in getting their way in courts. The most significant event is the assignment of conviction to 204 individuals – who belong to PTI – in May 9 rebel cases.
Chief Justice of Pakistan Yahya Afridi has played a key role in quick attempts in May 9th Cases. In April, a bench led by him gave him a four-month deadline to Anti-Terrorism Court (ATCs) to carry out the experiments.
Similarly, the Supreme Court’s constitutional bench, which was formed by the 26th constitutional amendment, has also approved the trials of 103 May rebels of military courts.
The majority of criminal, including PTI founder Imran Khan’s nephew, is behind the bar, waiting for the adoption of a proposed legislation to be entitled to appeal against their conviction from military courts.
Despite the end of a 45-day period, the government has taken no step to give the right to appeal against the decisions of the military court.
The constitutional bench also does not sit due to summer holidays. Three detailed judgments in crucial cases – related reserved seats, transfer of judges to Islamabad High Court (IHC) and military courts – awaiting.
On the other hand, the government is waiting at an appropriate time to bring the 27th constitutional amendment. A senior government’s salaried employee admitted that the establishment of a federal constitutional court is undergoing serious consideration.
Court role since 9 May 2023
The role of the judiciary has been vital in the middle of the ongoing confrontation between the security institution and PTI, a confrontation that started after the PTI government’s exhaust in April 2022.
However, the company was disappointed when a bench was led by ex-chief-justice for Pakistan Umar Ata Bandial, took a question when arresting PTI chief Imran Khan on May 9, 2023 and instructed the law enforcement agencies to present him to the court.
Then the court gave relief to Imran, who further disturbed the executive salaried employees.
Ex-CJP Bandial was eager to hold parliamentary elections of Punjab and Khyber Pakhtunkhwa assemblies within the 90-day period, but he couldn’t do it because of various reasons.
The former PML-N led the government had issued a notification of the appointment of Justice Qazi Faez Isa as the next CJP months before the retirement of Justice Bandial. After his acquisition of SC, Justice Isa did not disappoint the current government in any important cause.
EX-CJP ISA did not notice the allegations of human rights violations as well as voting rigging.
During its period when the sentence, which declared civilian litigation in military courts as constitutional, was suspended, PTI was deprived of his electoral symbol before February 8, the party’s female workers and leaders could not receive bail, and IMRAN was sentenced in three cases during his prison attempt.
Despite all these events, the election results were February 8 shocking to anti-SPTI elements. Ex-CJP ISA was considered a “guarantor of the system” formed after the election. When some judges raised concerns about agencies’ interference with legal functions, Justice Isa did not support them.
Attorneys believe that Justice Isa’s biggest step to ease the exercise was the elevation of ex-Lahore High Court Chief Justice Malik Shahzad Ahmad Khan to the pointed right.
The current government was very uncomfortable with Justice Khan because of his bold steps to secure justice in litigation in connection with election vends and the May 9 cases.
Ex-LHC CJ was the biggest obstacle in the manipulation of trials in May 9 means something. Shortly after his height to SC, various ATCs judges were transferred to the executive satisfaction.
After six IHC judges wrote a letter to Justice Isa last March, the executive director began working on a plan to control the overall judiciary.
Some of the judges had tried to secure the independence of the judiciary by giving on July 12, 2024, a decision in the case for reserved seats, but they could not succeed.
After 26. Amendment Proposal The Judicial Service
Instead of being assembled into the institution’s independence, the SC judges are visibly divided into two camps. The recipients of constitutional amendments in the judiciary did not disappoint the current government in any matter.
The director is completely comfortable with all high courts as well as the pointed right. The majority of dissenting judges have been sidelined and not included in the constitutional bench. Even the judges who were not in the good books from the exercise have been sidelined in IHC.
The government’s plan has also been successful in IHC, where they transferred three judges from other high courts. Then justice became Sardar Muhammad Sarfraz Dogar IHC CJ according to the government’s plan.
It witnesses that the executive is total dominance in the process of overall court’s appointment after 26. Constitutional amendment. After 26. Amendments could PTI no material relief in any case. Now questions about conviction are raised in May 9.
It is learned that two senior PTI leaders recently met CJP Yahya Afridi to express concern about the non-compliance of Article 10-A in the Constitution during the trials. There is a strong perception that “excessive and unjustified” judgments are awarded most of the PTI activists and legislators.
Now all eyes are now at LHC, which will hear the appeals against the beliefs. In general, criminal sentences have to surrender to court before submitting appeals against their beliefs. One of PTI -lawy team members revealed that they are considering alternative strategies to invoke the matter against conviction.
Despite the passage of several months, Imran Khan and his wife Bushra Bibi’s petitions on suspension of judgments in the case 190 million have not been decided by IHC. It will be interesting to see which LHC bench is assigned the task to hear appeals against conviction.
Attorneys fear that if the situation remains the same and the beliefs are assigned without compliance with a proper process, people will lose complete confidence in the judiciary and the ultimate loser will be the justice system.
The judges, who are on the driving seat of the overall judiciary, must develop a mechanism to end the perception that the judiciary after 26 is changing, working under the executive influence.
