Pakistan’s judiciary, a cornerstone of the country’s constitutional trichotomy of powers, has recently faced significant challenges and turmoil. Among these is an alleged conspiracy to appoint pro-Pakistan Tehreek-e-Insaf (PTI) judges to the Supreme Court (SC).
Legal expert Reema Omer has categorically dismissed this narrative, calling it a “complete fabrication.”
In a detailed thread on X (formerly Twitter), Omer dismantled the government’s claims that the SC’s current composition reflects a conspiracy orchestrated by former Inter-Services Intelligence (ISI) chief General (retd) Faiz Hamid and ex-chief justices Saqib Nisar, Asif Saeed Khosa, Gulzar Ahmed, and Umar Ata Bandial. She argued that this narrative is being used to justify a “purge” of the judiciary.
Breaking Down the Supreme Court’s Composition
Omer comprehensively analysed the current SC judges, their appointments, and their perceived inclinations. Here’s a summary of her key points:
Judges Appointed by Ex-CJP Saqib Nisar:
- Justices Munib Akhtar, Mansoor Ali Shah, and current Chief Justice Yahya Afridi were appointed during Nisar’s tenure.
- Justice Shah, a senior puisne judge, was initially favoured by the current government but faced criticism from PTI following his rulings on reserved seats, the Qazi Faez Isa reference, and provincial elections.
- Chief Justice Afridi is reportedly trusted by Prime Minister Shehbaz Sharif’s government, which supports his appointment as the country’s top judge.
Judges Appointed by Ex-CJP Gulzar Ahmed:
- Justices Ayesha Malik, Muhammad Ali Mazhar, and Jamal Khan Mandokhail fall under this category.
- The current government favours Justice Mandokhailt. At the same time, Justice Mazhar is considered a “preferred judge” for rulings against PTI, including the decision to strip the party of its electoral symbol.
Judges Appointed by Ex-CJP Umar Ata Bandial:
- Despite being appointed by Bandial, Justices Athar Minallah, Musarrat Hilali, Shahid Waheed, and Hasan Azhar Rizvi show no apparent bias toward PTI.
- Justice Minallah became one of Bandial’s most vocal critics and faced campaigns against him by PTI.
- Justices Waheed and Rizvi were nominated by the Pakistan Muslim League-Nawaz (PML-N)-led government, further debunking the “pro-PTI” narrative.
Judges Appointed by Ex-CJP Qazi Faez Isa:
- Most current SC judges, including Justices Irfan Saadat, Naeem Akhter Afghan, Shahzad Ahmed Khan, Aqeel Ahmed Abbasi, and Shahid Bilal Hassan, were appointed during Isa’s tenure.
- Omer highlighted that the current government is dissatisfied with Justices Abbasi and Saadat, sidelining them despite their lack of connection to any alleged conspiracy.
Omer criticized the government for weaponizing the issue of junior judges’ elevation to the SC, framing it as part of a broader conspiracy to fill the court with pro-PTI judges. She pointed out that Justice Amin-ud-Din Khan, who heads the SC’s constitutional bench, was fifth in seniority at the Lahore High Court when elevated by ex-CJP Khosa, which is hardly evidence of a plot.
She concluded: “Clearly, any judge who rules against this setup’s desires is labelled ‘pro-PTI’ and a member of the ‘Faiz group.’ This ‘conspiracy’ myth is nothing but a tool to manufacture outrage against the judiciary and legitimize the government’s attempts at judicial capture.”
