NJPMC meets today as lawyers call for urgent reforms to ‘protect judicial independence’
ISLAMABAD:
As all chief justices meet on Thursday (today), legal experts believe that the biggest challenge for the supreme judiciary is to curb the increasing executive influence on it.
Chief Justice of Pakistan (CJP) Yahya Afridi has consistently held meetings of the National Judicial Policy Making Committee (NJPMC), a body comprising all chief justices of superior courts. The committee reviews the performance of the court as well as the implementation of various reforms.
However, since the enactment of the 26th Constitutional Amendment, the executive branch has played a crucial role in key decision-making within the judiciary.
A majority of appointments and transfers of judges in various high courts are allegedly done at the government’s behest. Despite strong opposition, the CJP could not stop the transfer of an Islamabad High Court (IHC) judges to various high courts.
Likewise, no effort has been made to reduce the executive’s influence in the judiciary’s internal decision-making.
It is also noted that court orders from the superior courts are not fully complied with by the current system.
In May last year, the Supreme Court ruled that civilians who are brought before military courts must have the right of appeal to the high courts. Despite the fact that more than a year has passed, the executive board has neither challenged the order nor taken steps to implement it.
Interestingly, there is complete silence in the judiciary on non-implementation of this order.
Last month, the Supreme Court ordered the IHC to decide applications filed by lawyers Imaan Mazari and Hadi Ali Chattha seeking suspension of their sentences within two weeks. Despite the passage of a month, IHC has not complied with the order. The case is also adjourned indefinitely.
During its last meeting in April, the NJPMC announced that it would organize a national conference on the “Prison Reform Action Plan” in June to promote stakeholder engagement and policy dialogue as part of an inclusive reform process.
It is learned that the conference will now be held next month.
The Supreme Judiciary plans to organize the National Conference on Prison Reforms at a time when former Prime Minister Imran Khan, through his lawyer, has alleged that he and his wife are being held in “torturous solitary confinement” for nearly 24 hours without access to books, television, family or lawyers.
Barrister Taimur Malik, counsel for several jailed political prisoners including Shah Mahmood Qureshi, Ejaz Chaudhry and Dr. Yasmin Rashid, said that while it is positive that an action plan for prison reforms is under consideration, such a proposal would be insufficient if it does not address timely fixation of bail, suspension and appeals for prison reforms.
He further said that prisons across Pakistan are overcrowded and most of the issues that the reform plan seeks to address stem from this condition.
Malik said there is a need to reduce the number of jails, adding that many prisoners under trial or those eligible for bail in connection with crimes could be released pending trial.
Similarly, inmates who are entitled to a suspended sentence due to e.g. age or health, are also released to ease the pressure on the prison system.
He cited the example of Ejaz Chaudhry, who has been diagnosed with stage-three kidney disease and whose health condition is not compatible with prison conditions, but whose suspension applications and appeals have not been set for hearing.
He also highlighted that Shah Mahmood Qureshi has been acquitted in all cases for the past three years, but remains incarcerated due to a few pending bail cases.
Last year, the Supreme Court, headed by CJP Afridi, directed courts to conclude proceedings in May 9 cases within four months. Hundreds of PTI activists have since been convicted under this order. However, their applications for suspended sentences are still pending in the High Courts and they remain behind bars. Even female political activists are still in custody awaiting relief.
Former Additional Solicitor General Punjab Chaudhry Faisal Hussain said that the problem at present is not only judicial reforms but also the perception that the judiciary is at its nadir and has failed to check executive excesses.
He also said that despite two constitutional amendments, pendency in the courts has not been reduced. Apart from the Sindh High Court (SHC), no constitution bench has been established in other high courts, he added.
Another lawyer believes that civil liberties are not on the agenda of the current judiciary.
Commenting on the upcoming NJPMC meeting, Hafiz Ahsaan Ahmad Khokhar Advocate stated that the committee, which is the highest political body of Pakistan’s judicial system, bears a profound responsibility to strengthen and improve the delivery of justice throughout the country. He noted that while certain recent initiatives taken by the judiciary deserve appreciation, the challenges facing Pakistan’s judicial sector require deeper, more coherent and comprehensive reforms across all levels of the judiciary.
He noted that despite a number of reform efforts over the decades, public satisfaction with the justice system remains below the desired standard. Persistent delays in adjudication, increasing pendency of cases, repeated adjournments, inconsistent case management practices, escalating litigation costs, outdated procedural frameworks and difficulties faced by ordinary litigants continue to erode public confidence in judicial institutions.
According to Khokhar, the NJPMC must move beyond routine monitoring and incremental adjustments and instead adopt bold, results-oriented solutions, including closing hearings at all levels aimed at addressing the root causes of systemic inefficiencies. As a first step, he proposed a comprehensive and independent forensic review of all levels of the judicial system, including the Supreme Court, Federal Constitutional Court (FCC), High Courts, Special Courts, Tribunals and District Courts.
