ISLAMABAD Chief Justice of Pakistan (CJP) Yahya Afridi declined

ISLAMABAD Chief Justice of Pakistan (CJP) Yahya Afridi declined:

to follow a prior committee decision from last year that recommended referring challenges to the 26th Constitutional Amendment to the Supreme Court’s full bench. This position was outlined in official correspondence exchanged between the CJP and two senior members of the apex court.

CJP Afridi maintained that convening the entire court for the matter could undermine judicial harmony and invite unnecessary public scrutiny, as had occurred in recent cases.

The committee in question met on October 31, 2024 under the Practice and Procedure Act (PPA) 2023, chaired by senior puisne judge Justice Syed Mansoor Ali Shah and Justice Munib Akhtar. Responding to their proposal, CJP Afridi—who leads the committee—stated he did not consider a full court hearing suitable. He also noted that the judges’ letters arrived late in the day, prompting him to send both the committee’s resolution and his reply in sealed envelopes to the Judicial Commission of Pakistan (JCP) secretary until the JCP convened on November 5, 2024.

The CJP indicated his plan to request the JCP to appoint additional judges to the Constitutional Bench so that challenges to the 26th Amendment could be heard by that bench, as outlined in Article 191A(3a) of the Constitution. He argued that both the formation of benches under the PPA and the constitution of a full court would be inconsistent with constitutional provisions.

Afridi emphasized that petitions under Article 184 must be placed before the Constitutional Bench, with its three-judge committee having sole authority to form benches for such cases. He further disclosed that nine out of 13 Supreme Court judges agreed with this interpretation.

In separate minutes dated May 20, 2025, Justice Syed Mansoor Ali Shah stressed that meaningful consultation was central to the PPA’s purpose. He opposed delegating the committee’s powers to the court’s registrar and suggested that the next senior judge should participate in meetings if a member was absent, but only in the CJP’s absence. The committee accepted his stance on non-delegation but rejected his other proposals, instructing the registrar to revise the draft accordingly.

Supreme Court Rules 2025 Announced

Separately, the Supreme Court formally issued the Supreme Court Rules 2025, replacing the decades-old 1980 framework. Drafted under Article 191 of the Constitution, the updated rules align judicial procedures with modern legal, constitutional, and technological realities.

A committee comprising Justices Shahid Waheed, Irfan Saadat Khan, Naeem Akhter Afghan, and Aqeel Ahmed Abbasi worked with the judiciary, Pakistan Bar Council, Supreme Court Bar Association, and other bar bodies to prepare the draft. The full court approved it after extensive deliberations.

The new rules—spanning seven parts, 38 orders, and six schedules—introduce significant reforms:

Digital transition: Petitions, paper books, notices, orders, and certified copies to be filed or issued electronically.
Remote proceedings: Pleadings, hearings, and affidavits allowed via video link; postal submissions discontinued.
Updated fees: Revised court fees, counsel fees, and exemptions for certain constitutional and criminal petitions.
Expanded rights: Introduction of intra-court appeals in Article 184(3) and contempt cases; penalties for frivolous reviews.
Registrar powers: Authority to manage staff, recall ex parte orders, and ensure procedural compliance.

The reforms, involving amendments to around 280 provisions, aim to modernize court processes and improve efficiency without compromising procedural integrity.

Published in Dawn, August 15, 2025