During a full-court reference for him at the high court ahead of his retirement on April 14, Justice Ibrahim said that in the recent political turmoil, the PHC received thousands of petitions from outside the limits of the Khyber Pakhtunkhwa province, which were decided “virtuously within the four corners of law.”
“I have no affiliation whatsoever with any political party or figure, but unfortunately, one political party had preferred these petitions [to be filed with our high court]. Though I have paid a heavy price for my recent verdicts, I am overwhelmed to proclaim that as the chief justice of KP, I ensured the rule of law at the cost of my career progression,” he said.
The CJ said since his elevation to the high court, he had passed around 15,000 judgements and of them, 509 were challenged in the Supreme Court.
He added that the apex court upheld verdicts in 279 of those cases and set aside only 42 of small nature, while 188 were still sub judice.
Justice Ibrahim said in his 31-year-long judicial career, he performed his duties to the best of his conscious, within the legal premise, and without any fear or favour.
“I was assigned the most arduous task of my entire service when appointed to the commission to probe the heart-wrenching incident of the Army Public School massacre, notwithstanding that I was on the 10th position on the seniority list of the high court,” he said.
The CJ said it was a formidable challenge, and he, along with his team, burned midnight oil to formulate an all-encompassing report covering every question raised before it.
He said the commission interacted with the parents of martyrs, senior army generals, bureaucrats, and officers of law-enforcement agencies.
“I have already submitted an extensive report to the chief justice of Pakistan, but my memories attached to this commission are unforgettable,” he said.
Justice Ibrahim said his paramount emphasis throughout his judicial service remained the amicable settlement of disputes, and he was proud to announce that he had decided a record number of family cases in particular through that mode.
He said his efforts brought together thousands of families with extremely strained relations.
“Besides, I have also compromised in thousands of other civil and criminal matters, and this fact is on record. Similarly, record human rights applications were received, proceeded with, and decided fruitfully during my tenure,” he said.
The CJ said throughout his service, he strived to embody the virtues of integrity, impartiality, and a steadfast commitment to justice, principles he believed would naturally pave the way for recognition and career advancement based on merit.
“To my successors and my brother Judge Ishtiaq Ibrahim, I offer my heartfelt blessings, best wishes, and humble prayers. May you carry the torch of justice with pride, integrity, and compassion, and may you always remember that behind every case file lies a human story—a story that deserves to be heard, understood, and respected,” he said.
Peshawar High Court Bar Association president Tariq Afridi, advocate general Shah Faisal Utmankhel, and additional attorney general Sanaullah paid tribute to Justice Ibrahim for his services to the judiciary.
Justice Ibrahim joined the Peshawar High Court as the additional judge on August 11, 2016. He was made a permanent judge of the PHC on June 1, 2018, and the acting chief justice of the PHC on July 7, 2023. He was made the high court’s chief justice on August 25, 2023.
Peshawar High Court (PHC) Chief Justice Mohammad Ibrahim Khan has expressed concern over the “non-consideration” of judges from Khyber Pakhtunkhwa for their elevation to the Supreme Court.
A PHC official on Wednesday confirmed that Justice Khan had written to Chief Justice of Pakistan Qazi Faez Isa.
In the four-page letter, Justice Khan, who is retiring on April 14, states, “I am writing to your Lordship with a heavy heart and a sense of disillusionment in relation to prima facie arbitrariness, discrimination and favouritism in the appointment of judges in the Supreme Court of Pakistan.”
“There were four vacancies in the Supreme Court but only one vacancy was filled by appointing my brother Honourable Judge Justice Naeem Akhtar Afghan of Balochistan High Court, the then Chief Justice Balochistan High Court,” the letter states.
“It was a profound disappointment when I learnt that only one judge and that too from your own province, was appointed in the Supreme Court despite the fact that there were four vacancies. I am genuinely happy for my brother Mr Justice Naeem Akhtar Afghan but why my candidacy was not considered notwithstanding my seniority, eligibility and availability of vacancies in the Supreme Court,” he further states.
“I am the second senior-most Chief Justice among the Chief Justices of all High Courts in Pakistan. I am also a member of the Judicial Commission of Pakistan (JCP) and Supreme Judicial Council of Pakistan. I had legitimate expectation that my candidature would be at least included in the list for consideration to be appointed as a judge of the Supreme Court of Pakistan,” he stated, adding that had he not been found fit to be appointed as a judge of the apex court after due process by the JCP he would have happily accepted the JCP’s decision.
Justice Ibrahim Khan writes, “The taxpayers, who pay for our salaries, expect that vacancies are filled immediately so that the court may operate at full strength and dispense justice. There is a duty to act diligently.
“This decision of solitary appointment has left me perplexed and seeking genuine answers. I have been thinking about possible reasons for not filling the vacancies but no logical and persuasive reason could come to mind.”
Justice Khan said he had been faithfully serving for the past 31 years, characterised by steadfast commitment, dedication, and numerous contributions that, in his opinion, not only benefited the community but also upheld the highest standards of the judicial system.
He maintained, “Throughout my service, I have endeavoured to embody the virtues of integrity, impartiality, and a steadfast commitment to justice, principles I believed would naturally pave the way for recognition and career advancement based on merit.
“I appreciate that decisions of appointing judges in the superior courts are complex and multifaceted, involving considerations that may not always be apparent to all. Nevertheless, in the spirit of transparency, the norms of fairness, and the continued trust in our judicial system, I take the honour to question as to what prompted the solitary elevation of my brother Justice Naeem Akhtar Afghan when three vacancies were and are still vacant whereas none other was considered,” he questioned.
“It is also mind-boggling that presently, there are three honourable judges in the Supreme Court of Pakistan from Balochistan whereas from the Khyber Pakhtunkhwa, there are only two honourable judges therefore, while comparing the two provinces on any analogy whatsoever, desirably there would be one more vacancy for the province of Khyber Pakhtunkhwa.”
Justice Ibrahim Khan has also sent copies of the letter to the four senior judges of the Supreme Court.
