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.

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