Justice Yahya Afridi will take oath as the Chief Justice of Pakistan (CJP) on Saturday. This comes after the Special Parliamentary Committee (SPC) nominated him last night. The current CJP, Qazi Faez Isa, will retire on October 25.
The 26th Amendment has changed how the chief justice is appointed. Now, the appointment is made based on the SPC’s recommendation. The recommendation must come from among the three most senior judges of the Supreme Court. Previously, the most senior judge automatically became the chief justice. Under this old rule, Justice Mansoor Ali Shah was expected to assume the position.
However, Justice Afridi is the third most senior judge after the incumbent CJP. Justice Munib Akhtar ranks as the second senior judge among those considered.
President Asif Ali Zardari has appointed Justice Afridi as the next chief justice. This was done under Article 175A, alongside Articles 177 and 179 of the Constitution. The Ministry of Law and Justice confirmed this appointment in a notification today. Justice Afridi will serve as the CJP for a three-year term starting from October 26. President Zardari also approved October 26 as the date for the oath ceremony, as reported by PTV News.
The Constitution provides a clause in Article 175A in case the nominated judge declines the role. If this happens, another judge from the remaining two nominees will be considered. If all three refuse, the next judge in line for seniority can be appointed.
Justice Yahya Afridi, born on January 23, 1965, will become the 30th Chief Justice of Pakistan. He became the youngest chief justice of the Peshawar High Court in December 2016. Later, in June 2018, he was promoted to the Supreme Court.
Information Minister Attaullah Tarar praised the transparent and democratic nomination process. He emphasized the importance of the parliament’s role in the decision. Tarar also noted that former CJP Saqib Nisar had not promoted Justice Afridi to the Supreme Court, even though Afridi was senior to both Justice Mansoor Ali Shah and Justice Munib Akhtar.
The Sindh Bar Council (SBC) welcomed the nomination. SBC Acting Secretary Rustam Bhutto described Justice Afridi as a man of character and wisdom. The council believes that Afridi’s understanding of law will ensure fairness and justice. They hope his appointment will bring positive changes to Pakistan’s judiciary.
The Special Parliamentary Committee’s decision came late on Tuesday night. The meeting took place at Parliament House. The SPC, formed on Monday by National Assembly Speaker Ayaz Sadiq, includes eight MNAs and four senators. These members were nominated by their respective party leaders.
Political parties from both the government and opposition have representation in the SPC. However, the PTI and its ally, the Sunni Ittehad Council (SIC), boycotted the meeting. They protested against the constitutional amendments that formed the SPC.
Despite the absence of PTI and SIC, nine members attended the meeting. Eight voted in favor of Justice Afridi. Only Kamran Murtaza of JUI-F supported Justice Mansoor Ali Shah.
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