How judicial reforms in 1974 broke Pakistan’s court system

Justice (retd) Agha Rafiq Ahmed Khan, former Chief Justice of the Federal Shariat Court and chairman of the Sindh Public Service Commission (SPSC), has criticized Pakistan’s post-1974 judicial reforms and shared rare insights into his long career in a podcast with Kamran Khan.

The former top judge said the justice system was significantly more efficient before reforms introduced during the tenure of former prime minister Zulfikar Ali Bhutto.

“Before 1974, a civil judge used to conduct the murder investigation, record the evidence, and only send it to the sessions court if a case was established,” he recalled. “Then, the sessions court would decide the matter in just two days.”

However, the abolition of committal proceedings — the preliminary step that filtered weak cases — ended this efficiency, he said. “Now murder trials drag on for 10 years without conclusion. Witnesses appear sporadically, judges change, and cases linger endlessly.”

He called the reforms “a failed experiment,” insisting the old system ensured evidence was ready and judges could deliver swift verdicts.

Denies Zardari role in appointment

Justice Rafiq also addressed what he called a common misconception: that President Asif Ali Zardari, in his last tenure, appointed him as Chief Justice of the Shariat Court.

“That’s not true. I was serving as federal law secretary when then-Chief Justice Iftikhar Chaudhry ordered all judges holding administrative posts to return to high courts,” he said.

Rafiq said Chaudhry personally asked him to become Chief Justice of the Shariat Court. “I even asked for a written confirmation. I later informed the president, and a summary with two options was sent.”

He added that judges of the Shariat Court, including himself, had no formal Islamic jurisprudence training. “That’s why three Aalim judges are also appointed to help interpret religious law, and two are placed on the appellate bench of the Supreme Court.”

Friendship with Zardari turned sour

Justice Rafiq admitted he was a childhood friend of Zardari, dating back to the 1960s. But their relationship soured during his time at the helm of the Sindh Public Service Commission.

“I was told the chairman’s post was beneath me. But I thought I could serve my province and fix the institution,” he said.

He introduced reforms like written IQ tests for all candidates and merit-based inductions. But his crackdown on irregular appointments, especially of police sub-inspectors, triggered political backlash.

“Everyone turned against me. I had no financial or administrative powers, couldn’t fire anyone. All authority rested with the Sindh government,” he said. “In the end, I realized one man alone cannot enforce merit there.”

He held the Sindh chief minister responsible for widespread nepotism, saying: “He makes the appointments and must answer for the system’s collapse.”

Karsaz fallout and personal toll

Rafiq also recalled the aftermath of the 2007 Karsaz bombing in Karachi, which killed over 250 people and targeted former prime minister Benazir Bhutto.

“She came to the police station every day for nearly a week to register an FIR, but no one responded,” he said. “She eventually filed a petition in my court, and I ordered registration. The High Court immediately stayed it, and I was removed. It was a devastating blow.”

Reflecting on his legacy, Rafiq said while his intentions were sincere, some positions — like his role at the SPSC — may have caused more harm than good. “In hindsight, it would’ve been better if I hadn’t accepted that role,” he said.