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"IMF Delegation Meets Pakistan’s Chief Justice – Oversight or Overreach?"
Nauman Hanif
Feb 12 2025 02:43 PM
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The Chief Justice of Pakistan, Yahya Afridi, met with a six-member special delegation from the International Monetary Fund (IMF) on Tuesday afternoon (February 11) during their visit to Pakistan. According to a statement issued by the Supreme Court, the IMF delegation, led by Joel Turquais, met with Chief Justice Yahya Afridi at the Supreme Court, where they reviewed ongoing efforts to enhance judicial performance. Following the nearly hour-long meeting, the Chief Justice spoke informally with journalists, stating, "I informed the IMF delegation about the agenda of the National Judicial Policy Making Committee. I also told them that the high courts oversee the subordinate judiciary. The delegation inquired about compliance with agreements and property rights, to which I responded that reforms are underway." The Chief Justice further stated that the IMF delegation expressed their interest in ensuring the protection of foreign investments in Pakistan. The Chief Justice, in an informal conversation with journalists, stated, "I responded to the IMF delegation that we have taken an oath under the Constitution to uphold the independence of the judiciary. It is not our job to provide you with all the details."


What was the purpose of this meeting


Experts have differing opinions on this matter; however, the government believes that this is not an interference by the IMF in Pakistan's internal affairs. Instead, the delegation is on its review mission as part of the latest loan agreement with Pakistan and is meeting with various institutions and their heads. IMF meeting with Pakistan today. Before discussing the stance of the Minister of Law and expert opinions, let’s first look at what the Supreme Court’s official statement says regarding the circumstances of this meeting and on whose request it was held. According to the Supreme Court's statement, the Chief Justice made it clear to the IMF delegation that "the judiciary does not directly engage in discussions with such missions (delegations), but since the Finance Division had requested this meeting, it is taking place." The statement further noted that during the meeting, the Chief Justice assured the delegation that "the judiciary in Pakistan is independent, and as the head of the institution (Supreme Court), it is his responsibility to safeguard judicial independence." The Chief Justice also informed the delegation that he would remain fully cautious in his comments and opinions. "Following this, he highlighted significant constitutional developments and reforms regarding the Judicial Commission of Pakistan, including senior-level judicial appointments, judicial accountability, and the restructuring of the Judicial Commission of Pakistan." According to the statement, the Chief Justice mentioned that the Supreme Court is finalizing a crucial agenda for the upcoming meeting of the National Judicial Policy Making Committee (NJPMC), expected in the last week of February. The delegation was informed that "this agenda is being prepared in consultation with various stakeholders." The Chief Justice also expressed his willingness to include any relevant suggestions in the proposed agenda and invited the IMF mission to share its recommendations in this regard. During the meeting, discussions were also held on judicial accountability and the mechanism for addressing complaints against judges. The statement further mentioned that the IMF delegation acknowledged the judiciary's role in maintaining legal and institutional stability and appreciated the ongoing judicial reforms aimed at strengthening governance and accountability. Additionally, the discussion reaffirmed a shared commitment to enhancing judicial performance and upholding the rule of law as a cornerstone for economic and social development.


Does the delegation's visit fall within the 'scope' of the agreement with the IMF


On Tuesday, while speaking to a private TV channel at Parliament House, Minister for Law Azam Nazeer Tarar stated that the delegation’s visit falls within the IMF’s "domain" or scope. He added that "the rule of law is part of the delegation's engagement." Commenting on the meeting with the Chief Justice, the Minister for Law explained that the Law and Justice Commission is a subsidiary body of the Supreme Court, responsible for formulating recommendations on judicial policy and legal reforms. According to the Minister for Law, judicial independence and the appointment of judges are purely constitutional matters, in which the delegation does not interfere, nor was it part of the delegation’s mission. He further stated that the Law and Justice Commission has already established connections with various international organizations. However, in contrast, Pakistan’s former Finance Minister Dr. Hafiz Pasha told a well-known news platform that such a visit and meeting is a prime example of interference in a country’s internal affairs. According to him, the delegation does not have the mandate to meet the Chief Justice in this manner and then ask detailed questions. He claimed that Pakistan has signed loan agreements with the IMF: Before, but never in the past has the IMF conducted a review at the level of the Supreme Court. Economic affairs journalist and analyst Khurram Hussain, however, believes that the IMF delegation’s meeting is in no way interference in Pakistan’s internal affairs. In his opinion, Pakistan has already agreed to such reviews under the $7 billion IMF program it signed. Former Finance Minister Dr. Hafiz Pasha maintains that the Supreme Court has no direct connection to these matters, and had this meeting taken place at the level of district courts or high courts, it would have been more understandable. However, he sees no justification for it taking place at a higher level. According to Hafiz Pasha, the delegation's mandate is limited to preparing a specific report on corruption, whereas another IMF delegation is set to visit Pakistan in the next two to three weeks to review the $7 billion program. Based on this review, a decision will be made on whether Islamabad will receive the next installment of the loan. Khurram Hussain, on the other hand, has outlined details of the IMF agreement under which Pakistan is obligated to implement judicial reforms and ensure that the program progresses based on IMF reviews. The IMF delegation will be in Pakistan for a week and will closely monitor six key sectors to assess their efforts in combating corruption. According to officials, the delegation will oversee financial governance, central bank governance and operations, the financial sector, market regulation, and evaluate Pakistan’s rule of law and anti-money laundering measures. This delegation is scheduled to meet with officials from the judiciary, State Bank, Election Commission, Finance and Revenue departments, Securities and Exchange Commission of Pakistan (SECP), and other relevant sectors.


What conditions has Pakistan accepted in the loan agreement with the IMF


Before the $7 billion loan agreement was finalized between Pakistan and the IMF last year, Pakistan made efforts to meet the conditions imposed by the International Monetary Fund. The conditions has Pakistan accepted in the loan agreement with the IMF last year: these included measures such as increasing tax revenues during the current fiscal year, raising tax rates on various sectors, and bringing new sectors into the tax net. To strengthen the anti-corruption framework, the government plans to amend the Civil Service Act by 2025. This amendment aims to ensure the digital filing of assets by high-level public officials and make them publicly accessible. Additionally, a robust framework will be developed through the Federal Board of Revenue (FBR) for asset verification. The review of the judicial and regulatory system is part of the IMF loan program, and Pakistan has signed this agreement. Pakistan has assured the IMF that it will enhance the capacity of its anti-corruption institutions and will provide fair and non-discriminatory business and investment opportunities for all.




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