ISLAMABAD: The passage of the 26th Constitutional Amendment has contributed to increasing adhocism in Pakistan’s superior judiciary, leaving several high courts without permanent chief justices. Despite four months passing, the Judicial Commission of Pakistan (JCP) has yet to meet to appoint permanent chief justices for the Sindh High Court, Peshawar High Court, and Islamabad High Court.
The Balochistan High Court, too, has been without a permanent chief justice for over three months. On May 19, the JCP appointed Justice Muhammad Ejaz Swati as chief justice of the BHC, but only for two weeks before his retirement on June 5. Justice Rozi Khan Barech has now been appointed as the acting chief justice.
Justice Sardar Sarfraz Dogar has served as acting chief justice of the Islamabad High Court for the past four months, though his seniority is under challenge in the Supreme Court. The prolonged delays in appointments for the other high courts remain unexplained, despite the fact that such delays were unprecedented after the 18th Amendment.
Under the new constitutional framework, the executive plays a significant role in judicial appointments, but the Chief Justice of Pakistan has not taken steps to restore balance in the process. Many judges appointed to the superior courts, including 50 under the current Chief Justice Yahya Afridi, owe their positions to executive nominations, making permanent judicial appointments increasingly dependent on the executive’s backing.
The government has been criticized for maintaining acting chief justices who are perceived to be “like-minded.” Notably, former CJP Qazi Faez Isa’s tenure saw Justice Malik Shahzad Ahmad Khan’s promotion to the Supreme Court, reportedly because he was not the preferred candidate to lead the Lahore High Court. There are also concerns over the executive’s reluctance to elevate the current Lahore High Court chief justice, Alia Neelum, and their indecisiveness regarding the Sindh High Court’s permanent chief justice appointment.
Within the Peshawar High Court, Justice Syed Mohammad Attique Shah, second in seniority, was appointed acting chief justice while the appointment of a permanent one remains delayed for known reasons. Lawyers have voiced concerns over the disregard for senior judges in several high courts, with some judges excluded from promotions or permanent appointments due to alleged political influence.
Advocates have expressed frustration over the situation, calling it a deliberate effort to keep judges distracted and uncertain about their future appointments, undermining the independence of the judiciary. They argue that the senior judges benefiting from the 26th Amendment must act to restore the integrity and independence of the institution.
