It is important to note that if Chief Justice Afridi is not selected for this role, it could leave him with limited authority, as the real power would rest with the supervising judge of the Constitutional bench

Ansar M Bhatti

ISLAMABAD: With the recent appointment of Justice Yahya Afridi as the new Chief Justice of Pakistan, the race to head the Constitutional bench has begun. One possibility is that Chief Justice Afridi could be tasked with leading this key bench. However, certain voices within the government argue that concentrating too much power in one individual might prove counterproductive. These factions advocate for the appointment of someone other than the Chief Justice to supervise the Constitutional bench.

It is important to note that if Chief Justice Afridi is not selected for this role, it could leave him with limited authority, as the real power would rest with the supervising judge of the Constitutional bench. This scenario could potentially intensify internal conflicts among the judiciary, which would undermine the independence and credibility of the higher courts.

There is a strong belief within government circles that the supervisory role should be assigned to a judge other than the Chief Justice. This arrangement, they argue, would allow for more precise control over the judiciary. If Justice Afridi is passed over, the government is likely to favor either Justice Aminuddin Khan or Justice Jamal Khan Mandokhel. Both judges are believed to be more sympathetic to the government and less aligned with the opposition PTI, which poses a significant political threat to the current administration.

The composition of the Constitutional bench will be determined by a committee heavily influenced by government representatives, raising concerns that judges favorable to the government’s interests may be prioritized. This is particularly significant given that this bench will hear important cases, such as those involving the PTI’s bat symbol, the allocation of reserved seats to PTI, and petitions challenging the 26th Amendment. Naturally, the government and other influential powers would prefer these cases to be decided in their favor.

Interestingly, despite being superseded, the affected judges have not resigned, at least as of the time of this report. Justice Mansoor Ali Shah still has three years until his retirement, while Justice Muneeb Akhtar has many years remaining. Once Justice Afridi steps down as Chief Justice in three years, Justice Muneeb Akhtar is expected to become the most senior judge on the list at that time. If there is a different government at that time then the appointment of the chief justice become quite interesting.