CJP-Aurangzeb huddle stirs the pot

In a rare turn of events, Chief Justice of Pakistan (CJP) Yahya Afridi and Federal Minister for Finance and Revenue Senator Muhammad Aurangzeb have met face-to-face, stirring debate in legal circles about the propriety of such an engagement.

The meeting between the judiciary's top office and the government's economic helm underscored the need for "coordinated efforts" between the judiciary and the executive to uphold the rule of law and safeguard citizens' rights.

The unusual interaction, held without the Attorney General for Pakistan (AGP) Mansoor Awan present, was accompanied by an official photograph and press release, a move many lawyers believe was "uncalled for" and fraught with optics that blur the fine line between the judiciary and the executive.

The meeting underscored the importance of coordinated efforts between the judiciary and the executive in upholding the rule of law and safeguarding citizens' fundamental rights.

Some insiders point out that CJP Afridi and Aurangzeb are also former college fellows, stressing that the meeting should be viewed in that light.

Nonetheless, for many lawyers, such engagements are "against judicial norms", particularly when the Federal Board of Revenue (FBR), which operates under the finance ministry, is one of the largest litigants before the Supreme Court.

FBR disputes in spotlight

Meanwhile, concerns are already high over the functioning of Alternate Dispute Resolution Committees (ADRCs) — bodies working under the FBR's administrative control to resolve tax-related matters, especially those involving state-owned enterprises (SOEs).

Just last month, a bench headed by CJP Afridi ordered a stay on proceedings in all cases pending before ADRCs. The court also flagged concerns over how ADRC members were appointed, directing the FBR to seek input from all stakeholders before finalising the appointment framework.

The matter will be heard again on September 8.

One lawyer representing an SOE argued that the ADRC mechanism had proven "destructive" for such enterprises. "They are being crushed with taxation and have no remedy against the ADRC," he said, alleging that billions of rupees in taxes had been forcibly recovered in June, without legally required notices, to meet revenue targets.

"All profit-making SOEs are being destroyed," he added, while another counsel argued that the ADRCs must operate independently and free from FBR influence to have credibility.

Judicial independence worries

Since the passage of the 26th Constitutional Amendment, legal experts have expressed unease over what they see as growing executive dominance over the judiciary. Even tax lawyers complain that higher courts were offering little relief to individuals aggrieved by FBR orders.

The Sindh High Court, for instance, has reportedly delivered hundreds of judgments in the FBR's favour. At the SC, judges with expertise in revenue law are often not assigned to such matters.

Against this backdrop, the optics of the CJP meeting the finance minister have unsettled some lawyers, who fear it may send the wrong signal to business stakeholders whose cases are awaiting adjudication in the apex court.

They argue that the country's top judge should avoid creating any perception that the judiciary and executive are "on the same page" when it comes to revenue collection.

However, it is also pertinent to mention that CJP Afridi has shown a willingness to engage across the political spectrum.

In recent weeks, he met with PTI leaders. Omer Ayub was also invited for meeting by him