The wisdom and conduct of the Chief Justice of Pakistan is under the spotlight. His decision not to fix the high-profile case pertaining to the 26th constitutional amendment before the full court, as per lawful dictum, is now under legal and public scrutiny. It is a foregone conclusion, however, that Chief Justice Yahya Afridi squarely deviated from the laid-down rules in the Practice and Procedure Act of 2023, and rather opted for consulting all the judges on the prima facie of its hearing.
Established under the Act, the three-member committee had, as per regulations, ordered the petitions challenging the amendment to be fixed before a full court on November 4, 2024, but the chief justice overrode it and the rest is history. The vital piece of legislation, which has literally torpedoed t