Will Justice Shah make it to chief justice post?

The federal government is treading a fine line as it navigates a dual policy regarding the proposed constitutional amendment concerning the appointment of Justice Syed Mansoor Ali Shah as the next chief justice.

One section within the government is expressing apprehension that the results of the recent 2024 general elections may be tossed out after the retirement of CJP Qazi Faez Isa.

To keep the wheels of the system turning, either a federal constitutional court led by a 'like-minded' chief justice should be established, or a panel comprising senior Supreme Court judges should be introduced for the appointment of the SC CJ.

Both actions can only be achieved through a constitutional amendment. It is evident that this faction within the government harbours mistrust towards Justice Shah following the July 12 order in the case of the reserved seats.

Currently, under the constitution, the most senior puisne judge shall be appointed as chief justice. Despite the clock ticking with less than ten days remaining until the retirement of the incumbent CJP Qazi Faez Isa, the government has yet to issue a notification regarding his successor.

This same faction of government functionaries believes that if the JUI-F does not see eye to eye with the establishment of the FCC, then a panel should be introduced. However, it remains unclear whether this panel will consist of three or six senior-most SC judges.

On the flip side, JUI-F has neither proposed the establishment of the FCC nor the panel for the appointment of the CJ.

However, the party has suggested forming a constitutional bench to tackle matters related to the interpretation of law and the constitution.

Conversely, another section within the government wants the proposed constitutional amendment to be delayed, insisting that the notification of Justice Syed Mansoor Ali Shah as CJ should be issued immediately to avert the current situation.

A meeting of senior government functionaries was held on October 7 to consider this aspect.

One government official suggested that the establishment of the FCC would not be sustainable as lawyers would strongly react. Even pro-government groups within the legal fraternity may lose the upcoming Supreme Court Bar Association election.

Nevertheless, the notification regarding the next CJ is being delayed. It is clear that the government is strategizing on how to pass the constitutional amendment.

Opposition parties are complaining that their lawmakers are being harassed to secure their votes for the constitutional amendment.

"I resigned from the assembly because of how this government and those in power have treated Balochistan. Despite this, the agencies continue to harass my two senators and their families. My only remaining option is to ask the senators to step down. You have left us with no other path," says Akhtar Mengal, President of the Balochistan National Party, on a social media platform.

Lawyers believe that if the government introduces a panel for the appointment of the CJ, it will not be easy to supersede Justice Shah, who enjoys massive support within the apex court as well as the legal fraternity.

The government is attempting to use backchannel contacts to allay its apprehensions regarding the DC post-October 25. If these apprehensions are addressed, then the notification regarding Justice Shah as CJ will be issued.

If the government passes the constitutional amendment without JUI-F support, it will face multiple fronts beyond PTI.

Lawyers and JUI-F will take to the streets in protest.

JUI-F chief Maulana Fazlur Rehman met with PPP Chairman Bilawal Bhutto Zardari in Karachi. During their press conference, neither leader announced that they had agreed to establish the FCC before October 25.

It is anticipated that all parties will reach an agreement to change the process regarding the appointment of superior court judges.

Lawyers held a large convention against the proposed constitutional amendment in Karachi, strongly rejecting both the establishment of the federal constitutional

court and any minus-Mansoor Ali Shah formula.