New CJP

Justice Yahya Afridi's appointment raises concerns over judicial independence amid political instability in Pakistan.

The appointment of a new Chief Justice of the Supreme Court seems to have a malafide intent. The 26th constitutional amendment has taken its first toll, and as desired the senior puisne judge, Justice Mansoor Ali Shah, has been axed. The elevation of a third judge on the seniority list is a managed affair and has come in an utter bad taste as an attempt to control the judiciary. The tailor-made legislation has worked to the pleasure of the men at the helm, leaving behind all those in the republic who advocate for a culture of merit, transparency and rule of law in fixation. Justice Yahya Afridi, irrespective of his outstanding credentials, will carry the stigma of being backed by the executive in the light of his nomination by a Special Parliamentary Committee under a new law that is controversial to the core.

Justice Afridi will wear the robes as the Chief Justice of Pakistan (CJP) for three years, and his era is likely to see some contested cases at the apex court. His independence and non-partisanship will be up for test, especially as his predecessor, Justice Qazi Faez Isa, had left behind a traumatised judiciary in the backdrop of many of his controversial decisions. With many of the pleas of the opposition parties, especially those of the PTI, soliciting a judicial review of the February 8 election outcome, as well as pending decision of electoral tribunals, Justice Afridi will be looked up in awe for putting his weight behind the law and the constitution in all fairness. But for many that would remain a wish-list and the crossing of swords among the organs of the state under abject political instability will keep all and sundry on tenterhooks.

The evolving unrest behind the dumping of senior most judges, as PTI and lawyers plan to take to streets, will come as a challenge for the new judicial decorum. Moreover, the well-entrenched difference of opinion among the jurists is in need of a huddle, and Justice Afridi can make a noble and gracious beginning by addressing the genuine grievances. Judiciary must be seen in an independent light as it constitutes the last hope of a dismayed nation.