Supreme Court Justice Salahuddin Panhwar has issued a formal communication to Chief Justice Yahya Afridi. He expressed profound concerns about the proposed 27th Constitutional Amendment. In his letter, Justice Panhwar emphasised that judicial silence during this critical period would represent abandonment of constitutional duty. It would not be prudent caution.
The judge expressed deep concern about the amendment’s potential impact on Pakistan’s judicial system. He characterised the proposed changes as potentially touching “the very foundations upon which the edifice of our judiciary rests.”
Justice Panhwar highlighted the amendment’s potential to disrupt the traditional separation of powers. He cautioned that the legislation might introduce executive and legislative influence. This influence could enter domains historically reserved for judicial independence.
The justice provided a robust defence of judicial autonomy. He described it as essential rather than privileged. “Judicial independence is not a matter of privilege; it is the very condition upon which liberty itself depends,” he asserted in his communication.
The Supreme Court judge identified several specific areas where the amendment could compromise judicial independence. These include potential alterations to judicial tenure security, bench composition procedures, and the processes for appointing and removing judges.
Read: What Changes Did the National Assembly Make to the Senate-Approved 27th Amendment?
Financial and administrative court autonomy might also face compromise according to Justice Panhwar’s assessment. He characterised these elements as structural pillars supporting the entire judicial system.
Justice Panhwar warned that diminishing any aspect of judicial independence could destabilise the entire legal framework. He noted that incremental compromises established dangerous precedents for future encroachments.
The justice emphasised that even the perception of external influence could damage public confidence in the judiciary. He described public trust as “the very soul of justice,” which cannot be restored through official declarations once it has been eroded.
In his concluding remarks, Justice Panhwar urged fellow judges to collectively defend judicial autonomy during this constitutional challenge. He stated that the public expects constitutional clarity from judges rather than political silence during such critical moments.
