It’s my responsibility to protect judiciary’s independence, CJP tells IMF

ISLAMABD: Chief Justice of Pakistan (CJP) Yahya Afridi on Tuesday informed the International Monetary Fund (IMF) that the judiciary in Pakistan is independent, and being head of the institution, it is his responsibility to protect its independence.

An IMF delegation, led by Joel Turkewitz, called on the CJP here on Tuesday at the Supreme Court, says a press release issued by the Public Relations Department of the apex court.

During the meeting, the chief justice welcomed the delegation and provided an overview about the ongoing efforts to enhance judicial performance.

He said that the judiciary is not used to direct interaction with such missions, but since the Finance Division had requested, so this interaction is taking place. He said he would be quite guarded in his comments and views.

He then highlighted key constitutional developments with respect to the Judicial Commission of Pakistan (JCP) and reforms, including senior-level judicial appointments, judicial accountability, and the restructuring of JCP. He elaborated on the merits of integrating the judiciary and the parliamentary committee to ensure a more transparent and efficient judicial selection process.

The CJP also informed the IMF delegation that the Supreme Court is in the process of finalising a critical agenda for the upcoming NJPMC [National Judicial (Policy Making) Committee] meeting expected in the last week of February. This agenda is being prepared in consultation with various stakeholders. He said he is quite open to any suggestion for inclusion in the proposed agenda. He invited the mission to share any key proposal.

Meanwhile, the IMF delegation acknowledged the judiciary’s role in maintaining legal and institutional stability and expressed its appreciation for ongoing reforms aimed at strengthening governance and accountability. At the end of the meeting, Justice Yahya presented a souvenir to the delegation as a gesture of goodwill. The delegation extended thanks and gratitude to the CJP.

Separately, interacting with journalists, the CJP said that Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s request pertains to Article 184(3) of the Constitution, thus, the matter has been forwarded to the committee and would be handled by the Constitutional Bench.

“I have asked the committee to review the letter and make a decision,” the top judge said.

“The letter has been forwarded to the judges constitutional committee, which will determine the course of action. Since the matter pertains to Article 184(3), it must be addressed by the constitutional bench,” he clarified.

He revealed that the decision to forward the PTI founder’s letter to the committee had already been made a day earlier. His interaction with media persons came following a one-hour meeting between the CJP and six-member IMF delegation.

The CJP justified the nomination of Islamabad High Court judge Miangul Hassan Aurangzeb as acting judge of the Supreme Court for having expertise in corporate sector saying other judges of the apex court nowadays are not hearing such nature of cases. He added that Justice Aurangzeb’s nomination would be re-examined during the next meeting of the JCP. “I supported Justice Miangul Hassan as some of my brother judges, who were hearing earlier such nature of cases, are not hearing nowadays,” the CJP said.

Justice Afridi said that he informed the IMF delegation that the judiciary operates independently under the Constitution. He added that it was not the judiciary’s role to provide the IMF with all the details they sought. “I informed the delegation about the agenda of NJPMC. The supervision of subordinate courts falls under the jurisdiction of high courts.

“The delegation expressed interest in Pakistan’s adherence to agreements and property rights, to which I responded that reforms are underway,” he said. According to the CJP, the IMF delegation was briefed on judicial reforms and the national judicial policy. “The delegation provided suggestions regarding the protection of property rights. I assured them that we would consider their recommendations. They were also informed that special benches would be formed in high courts to expedite hearings,” he added.

The chief justice further revealed that the IMF delegation emphasized the need for foreign investment protection in Pakistan. In response, he said: “We would require artificial intelligence (AI) for the judiciary’s efficiency.” The CJP emphasized the importance of transparency on the visit of IMF delegation to the Supreme Court, saying the public has the right to know the facts.

He revealed that Prime Minister Shehbaz Sharif had sent him a letter informing him of the IMF’s concerns. In response, he conveyed a message to the prime minister through the attorney general, stating that he would not reply to the letter in writing. Instead, he invited the prime minister to visit the court alongside the delegation.

Chief Justice Afridi further disclosed that six Islamabad High Court judges who wrote a letter regarding interference in judicial affairs were invited to his residence after taking oath. He added that the issue of interference is always the first agenda item in every Supreme Judicial Council meeting.

Addressing concerns over the practice of writing letters, the chief justice remarked that such habits would improve over time. He noted that the judges who penned the recent letter should have exercised patience before making their concerns public. “We need to solve issues rather than mix them up,” he said, adding that trust in the system is crucial.

The chief justice announced that, starting next week, two permanent benches would exclusively hear criminal cases. Additionally, he confirmed that death penalty cases are being scheduled for expedited hearings.

“Cases will only be fixed for hearing when new judges are appointed,” he clarified.

Speaking about judicial appointments, Chief Justice Afridi disclosed that he had invited high court judges to his residence on October 26 after they took oath.

Meanwhile, the chief justice announced that a meeting of the NJPMC is being convened to discuss judicial reforms. He reaffirmed his commitment to carrying out responsibilities within his authority, dismissing allegations of “court packing” as baseless.

“The transfer of judges from high courts and their seniority are two separate matters and should not be confused,” he asserted.

Reflecting on a recent letter written by four judges, he expressed surprise that it had been broadcast on television before even being opened.

“I fail to understand why they do not wait and instead go into panic mode,” he remarked. He added that he always voices his concerns at the appropriate forum and time.

On the Judicial Commission’s proceedings, he reiterated that he had already expressed his opinion in the meeting and acknowledged that judicial review could be applied to his stance.

He recalled that during a commission meeting, one chief justice had remarked that other members had nominated even more suitable candidates. “Had there been no boycott yesterday, another competent judge could have been appointed to the Supreme Court,” he added.

Moreover, he said: “I expect the agenda for the National Judicial Committee to be finalised by tomorrow (Wednesday),” adding that Leader of the Opposition Omar Ayub had also been asked for suggestions. He emphasized that input had been sought from both the prime minister and the opposition leader on matters related to justice delivery.

When asked about internal judicial differences, the chief justice remarked that previous practices among judges persist, and it will take time for them to change. “Everything will gradually be set right,” he assured. He highlighted recent changes within the JCP, saying that any member could now propose a name for consideration. “Excellent judges are being brought in,” he remarked.

Chief Justice Afridi reaffirmed his belief in allowing the judicial system to function without obstruction. “I have asked my fellow judges to let the system run smoothly rather than hinder it,” he said.

Meanwhile, Minister for Law and Justice Azam Nazeer Tarar said that the rule of law is a component of the multilateral arrangements with organisations such as the IMF, World Bank and the United Nations. “They do interact regarding the rule of law,” Tarar said while speaking to Geo News. “As far as the judicial autonomy is concerned […] it is purely a constitutional function,” he said.

In response to a question regarding whether international bodies were used to create influence, the law minister said, “The Law and Justice Commission interacts with many international bodies. This is within the domain of the IMF and World Bank.”