Key Changes in Pakistan’s Judiciary: Yahya Afridi Replaces Qazi Faez Isa
Impact of the New CJP’s Daring and Integrity
Formation of a Full Bench for Ordinance Review
Justice Markandey Katju shares his views on the recent developments in Pakistan, discussing the new CJP Yahya Afridi, Imran Khan's detention, and the impact of U.S. lawmakers. Will these changes signify real reform, or are they just wishful thinking?Have 'achche din' come in Pakistan ?
By Justice Markandey Katju
My young Pakistani journalist friend Sohrab Barkat,( who has taken many interviews of me ), in his vlog today on the website siasat.pk sounded as if 'achche din' have come in Pakistan.
But is his premonition warranted?
Sohrab has drawn his conclusion from the following facts :
1. Qazi Faez Isa, the shameless toady of the Pakistan Establishment, has retired and has been replaced by Yahya Afridi as Chief Justice of Pakistan, whom Sohrab describes as 'diler' ( brave ), 'ghairatmand' (self-respecting), and 'qaabil' ( competent ).
But how can we presage or forecast how the new CJP will function in the future? His dileri, ghairatmandi and qaabiliyat are yet to be tested and proven? We can only wait and hope for the best, keeping our fingers crossed.
2. The new CJP has constituted a Full Bench to consider the validity of an Ordinance which amended the Supreme Court ( Practice and Procedure ) Act.
Again, there can be no presentiment about what will be the outcome of this. Time alone can tell.
3. Former Prime Minister Imran Khan's sisters have been released.
But what about the 14,000 persons arrested on trumped up charges after the events of 9h May, 2023, who are still rotting in jail for over an year in inhuman conditions ? What is Yahya Afridi going to do about them ? Will he order their release, or will he turn a Nelson's eye to their predicament, as his crooked predecessor did ? Time alone will tell.
4. A petition is being sent to the International Court of Justice for their release.
But under its Charter the ICJ can entertain such a petition only if the Pakistan Government gives its consent, which naturally it will not.
5. 60 American Democratic Congressmen have signed a statement and sent it to President Biden, calling for release of former PM Imran Khan and other political prisoners
But there are 435 members in the US House of Representatives and 100 in the Senate, making a total of 535 Congressmen. 60 of 535 is only a little over 10%. What effect can they have on US policy? Moreover, Biden is only a lame-duck President
I am afraid Sohrab, like many young men, is 'jazbaati' ( emotional ), and often bases his views on wishful thinking, conjectures, surmises, assumptions, and preconceptions, rather than objective hard facts, as a mature journalist should do. It is really too early in the day to presuppose and hypothesize about what will happen next in Pakistan.
I will accept that real changes have come in Pakistan only if these things happen :
1. Imran Khan is unconditionally released from jail, and all cases against him are withdrawn.
2. The 14,000 persons arrested on trumped-up charges, and incarcerated in jail after the events of 9th May, 2023 ( which most people believe were stage-managed) are unconditionally released, the cases against them withdrawn, and compensation given to them for the wrongs done to them.
3. The fake parliamentary election in Pakistan of 8th February 2024 is cancelled, and fresh free and fair elections held under supervision of the United Nations, with the army strictly confined to the barracks
4. Gen Bajwa and other generals against whom there are serious allegations of corruption arrested, tried, and if found guilty given harsh punishment
5. That shameless rascal, former CJP Qazi Faez Isa, who behaved like Judas, betraying his own institution, is arrested, tried for betraying his oath of upholding the Constitution and protecting the rights and liberties of the people, and given harsh punishment
I hope Sohrab does not mind this criticism. It is not intended to denigrade him, but to make him a better journalist
(Justice Katju is a retired judge of the Supreme Court of।ndia. These are his personal views)