Judicial Landscape Shifts Following Inter-Judge Conflicts and Constitutional Reforms

In a significant development, six judges of the Islamabad High Court wrote a letter to the Supreme Judicial Council on March 26, 2024, expressing concerns about interference in their work by sensitive institutions. The judges requested the Council to establish a mechanism to prevent such interference. Shortly after, then Chief Justice, Justice Qazi Faez Isa, met with the six judges, and the Supreme Court scheduled the matter for hearing. However, despite the case not yet having a decision, the situation has led to important outcomes.

On January 28, 2024, Justice Mohsin Akhtar Kiani of the Islamabad High Court addressed a gathering, emphasizing that the 26th Constitutional Amendment arose from this letter. Though there had been divisions in the Supreme Court earlier, the letter further clarified these divisions, with some judges referencing it in their remarks.

While the Supreme Court is the highest constitutional and legal authority in Pakistan, the Islamabad High Court holds considerable importance as it often hears cases related to federal matters. After the letter from the six judges, judges from other provinces were included in administrative committees within the Islamabad High Court.

**Internal Struggles Among Supreme Court Judges**

Pakistan’s Supreme Court has gained media attention not only for its rulings but also for internal struggles among its judges, especially after the tenure of former Chief Justice Umar Ata Bandial. For the first time, the highest judiciary saw its judges embroiled in conflict, with political parties aligning themselves in support of one judge over another.

In an interview on January 28, senior lawyer Hafeez Ehsan Khokhar shared that these struggles had existed historically, with some judges forming preferred benches and excluding others. This eventually led to a situation where judges began writing letters against each other, and the conflict escalated to calls for contempt of court actions against colleagues.

Chief Justice of Pakistan, Justice Yahya Afridi, recently commented that counseling efforts were underway to end this cycle of inter-judge conflict, and he expressed hope that it would soon cease.

**Government’s Influence and Judicial Developments**

The ongoing situation suggests that the government has gained a dominant position in the judicial landscape, particularly after the enactment of the Practice and Procedure Act, the 26th Constitutional Amendment, and various judicial appointments and transfers. Despite significant resistance, the government’s stance appears to be prevailing in these matters, addressing many of the issues faced by the judiciary.

On February 10, a nationwide protest by All Pakistan Lawyers against the 26th Constitutional Amendment failed to gain significant traction, with a large portion of the legal community not participating.

**Changes in Judicial Appointments and Committees**

The judicial reforms set in motion after the letter from the six judges continued into October 2024 with the 26th Constitutional Amendment, which not only established constitutional benches but also changed the process of appointing judges. This amendment resulted in the formation of new judicial commissions, with approximately 36 new judges appointed, including seven new members of the Supreme Court. Additionally, administrative committees in both the Supreme Court and Islamabad High Court were reorganized.

On February 17, Chief Justice Yahya Afridi reshuffled the administrative committees of the Supreme Court, removing Justices Mansoor Ali Shah, Munib Akhtar, Ayesha Malik, and others from key roles. These changes reflected the ongoing restructuring within the judicial system.

**Islamabad High Court’s Administrative Changes**

In the Islamabad High Court, following the transfer of judges, administrative committee changes occurred on February 3, 2024. Chief Justice Aamer Farooq was appointed as the head of the administrative committee, and after his elevation to the Supreme Court, Acting Chief Justice Mohammad Sarfraz Dogar took over as the committee’s chairman, with Justice Khadim Hussain Somro also part of the team. Additionally, the Departmental Promotion Committee was restructured, now including Senior Puisne Judge Justice Sarfraz Dogar and Justice Azam Khan.

These developments reflect the ongoing reshaping of Pakistan’s judiciary and the internal struggles within it, with significant implications for both the legal community and governance.