Supreme Court Ke Naye Cheif Justice Yahya Afridi Ke Liye Kya Challenges Honge ???
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00:30Justice Atal Manila did not reach, Justice Ayesha Malik did not reach, Justice Shahid
00:34Waheed did not reach, and Justice Mansoor, who is now suddenly missing, in such an emergency
00:40that he will not come today, nor will he come the day after, nor will he come in the full
00:44court tomorrow, I am sure he will not come either.
00:46The first thing is that there is such a split judiciary, that even if you do not go to each
00:51other's house for dinner, what is left behind, I think there is clear messaging.
00:55We were hearing that the new Chief Justice should also sit in the full court, and then
01:02first resolve this issue.
01:04Just like Justice Mansoor has sent a letter before leaving, that I will not sit in that
01:10bench, the three-member bench, which will make benches, until you resolve this issue
01:15first.
01:16Why will it happen, when the judges are so split, they are not going to each other's
01:20houses, what is the compulsion of the new Chief Justice to sit in the full court and
01:23argue on this?
01:24Mr. Malik, what you have said is absolutely correct, and if I continue to answer this
01:28from another perspective.
01:30Another way to put it, I think will be that, what are the immediate challenges of Chief
01:35Justice Yahya Afridi?
01:38Many people are expecting in this matter, or are expecting this matter, as Mr. Salman
01:42has just said, that maybe there will be some political reliefs or some hearing of political
01:46cases will be his immediate challenges.
01:49In my opinion, there are much bigger and more delicate challenges in front of Mr. Yahya
01:54and the new Chief Justice.
01:56In the judiciary, there is a split in the past.
01:59There was a split in the judiciary of the 90s.
02:01But we have not seen such a pronounced split.
02:03Let me tell you what is the difference.
02:05After Justice Qazi Faiz Issa, not when he was Chief Justice, even before that, when
02:10there was a split between him and the Chief Justice of that time, Mr. Saqib Nisar, Mr.
02:16Nisar, he did not keep that split or that conversation behind the judicial curtain.
02:21He brought it through letters, through petitions, through allegations, through writing, into
02:26such a space where you spoke, I spoke, social media spoke.
02:31It came into the public space.
02:32It came into the public space.
02:34Even here, if you read Justice Qazi Faiz Issa's last judgment, which he has given his
02:39detailed reasoning in the review.
02:42Even in that, there is a dispute of the judiciary.
02:47He did not give the remaining reasoning on Article 106 and Article 54.
02:52Now there is another controversial note in his answer, in which he said that Mr. Faiz
02:55Issa should not use such a language.
02:57This tradition, even before now, there have been differences of opinion in the judiciary.
03:01We can go to Mr. Malik Qayyum a long time ago.
03:04There have been a lot of differences of opinion.
03:06But those differences are not in the public space through letters.
03:11In front of Justice Yahya Afridi, the first challenge will be that all the disputes,
03:16they should be taken from a public space to a private space, on the administrative
03:21side of the full court, within the Supreme Court, within the procedures committee.
03:26And there may be disputes, judicial disputes, there may be disputes on the interpretation
03:31of the constitution.
03:33But there should not be a difference on the Supreme Court basis.
03:36It should not become so public that people start questioning the credibility of the
03:40Supreme Court.
03:41This is the second thing.
03:43Justice Qazi Faiz Issa's one unfortunate legacy, and now everyone is talking about
03:48it, so we should also talk about it, is that public confidence has also been eroded in
03:53our judicial system.
03:54People say that...
03:55No, no, that is fine.
03:56I am being told to take a break.
03:58But I want a quick answer.
04:00Is there any compulsion to have a full court on this matter?
04:04Yes.
04:05The letter that you referred to Justice Mansoor Ali Shah, before that Justice Muneeb
04:09Akhtar's letters also say that on the administrative side, not on the judicial side, on the administrative
04:14side, every Chief Justice regularly constitutes a full court meeting.
04:18When the first law of procedures came, it was also put on the administrative side
04:22first.
04:23A new Chief Justice cannot do this.
04:27There is no such example in the past that a new Chief Justice was made and he did not
04:32call a full court meeting very soon, within a week or ten days.
04:35Some even called before that.
04:37Justice Yahya Afridi will have two types of obligations to constitute this full court
04:41meeting.
04:42One is that he is a new Chief Justice, he has to preside the full court.
04:45What will be the conversation in that?
04:47What will Justice Mansoor Ali Shah say?
04:49What will the rest say?
04:50It is up to them.
04:52The two members of his committee, who are number two and number three, both have written
04:58a letter and said that a full court meeting should be constituted, the law of procedures
05:02and the committee should be put in front of it.
05:04Both these obligations are for an independent Chief Justice who wants to reduce the judicial
05:09dispute, wants to improve the credibility of the judiciary.
05:13Both these obligations will serve for him to call a full court meeting on the administrative
05:17side.