ISLAMABAD: Chief Justice of Pakistan Yahya Afridi on Monday said the transfer of three judges to the Islamabad High Court (IHC) from different provinces under Article 200 should be “rejoiced” as he endorsed this precedent that needed to be followed in the future.
“The IHC is the symbol of four federating units and not merely a white marble building,” the CJP explained in reference to the protest call by the Islamabad Bar Council. He was speaking to the media representatives during an oath-taking ceremony of the Press Association of the Supreme Court (PAS) at the Supreme Court Building.
Justice Afridi said the decision to transfer judges synchronised with the spirit of federalism and was also in conformity with Section 3 of the Islamabad High Court (IHC) Act 2010, adding that the behind the proposal illustrated the resolve and equitable share to the linguistic diversity and fair chance of representation to all the federating units in the high court of the federal capital. “I want this precedent to be followed in future as well.”
About the issue of inter-se seniority of judges who have been transferred to the IHC, the CJP explained the matter had been taken up on relevant forum and may eventually come to the apex court.
About plans to add eight judges more in the Supreme Court despite pending challenges to the 26th Amendment amidst allegations of court packing, the CJP said he had heard 40 cases today and 30 cases were being fixed before each bench daily.
“We have to overcome the backlog of 57,000 cases and therefore we need judges and a good lot of them are coming to the Supreme Court,” he added.
About the perceived antagonism among judges, the CJP said he had tried his level best to end it, adding soon the letter writing by judges will end because he does not respond to them.
“Let me tell you, I have tried; being the CJP it is my duty to go to high courts to calm them [judges] down. They panic quickly, but he will continue efforts, though it will take time,” he said.
The CJP emphasised that the next meeting of the National Judicial Policy Making Committee (NJPMC) will consider launching a programme — Double Docket Court — under which the district judiciary will adjudicate cases in two shifts, both morning and evening.
Conceding that reforms would not work unless supported by the lawyers, CJP Afridi explained that terms of all the retired judges were not being extended at the Law and Justice Commission of Pakistan.
Rather senior lawyers from different provinces would take their place, like Ali Khan from Sindh, Khawaja Haris from Punjab, Kamran Murtaza from Balochistan, and Mr Abbasi from KP.
For Islamabad, the CJP has Advocate Munir Paracha in his mind. About the enforced disappearances. He said the issue was on the agenda of the next meeting of the NJPMC.
Published in Dawn, February 4th, 2025
