Islamabad: The year 2024 will be remembered as the year of executive domination over the Supreme Court, with senior judge Justice Mansoor Ali Shah recently sounding the alarm on what he describes as one of the weakest phases in the history of the judiciary, warning of the dangers of the executive going too far.
After the restoration of judges in March 2009, the security establishment was also avoiding confronting the Supreme Court, but instead of strengthening civilian institutions, the judiciary became an instrument to weaken parliament and civilian governments.
After the Panama verdict, a clash broke out between the judges of the Supreme Court, and the Supreme Court was divided into two after the presidential reference against former Chief Justice Qazi Faez Isa.
PTI accused former Chief Justice Qazi Faez Isa and the Election Commission of rigging the February 8 elections, and he resigned over allegations of tampering with court proceedings in former Prime Minister Imran Khan’s cases.
His bias against the PTI was clear during the hearings. He played a key role in facilitating the current government in passing the constitutional amendment.
There are also reports that efforts were made within the Supreme Court to prevent Justice Mansoor Ali Shah from becoming the next Chief Justice.
PPP Chairman Bilawal Bhutto Zardari himself admitted that the 26th Constitutional Amendment was not possible in the absence of former Chief Justice Faez Isa.
Senior Supreme Court judges are helpless against the influential role of the executive in the functioning of the judiciary.
Despite the committee’s decision, Chief Justice Yahya Afridi did not schedule the constitutional petitions against the 26th Constitutional Amendment for hearing on November 4.
Lawyers are also questioning the conduct of Chief Justice Yahya Afridi, who is touring the country only to address civil judges and promote prison reforms.
On the other hand, the Constitution Bench headed by Justice Aminuddin Khan has failed to make any impression on the public.
Lawyers believe that the judiciary could not have been captured without facilitation within the Supreme Court.
History will hardly forget those judges who weakened their own institution for personal gain as well as for their own egos.