ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) has vehemently rejected the nomination of Justice Yahya Afridi as the new Chief Justice of Pakistan (CJP). Party leaders vowed to initiate a protest movement against the Special Parliamentary Committee’s decision.
PTI leader Hamid Khan expressed the party’s condemnation of the nomination during an interview with Geo News. He stated, “As lawyers, we will launch a protest movement.” Despite the rejection, Khan expressed hope that Justice Afridi would not accept the nomination.
Ahsan Iqbal Defends Nomination
In response to the PTI’s outcry, Planning Minister Ahsan Iqbal rejected the opposition’s claims that the nomination would create a “constitutional crisis.” He argued that the decision to nominate Justice Afridi was made based on merit and not seniority. Iqbal suggested that the PTI was trying to leverage this nomination for political gains.
He defended the parliamentary committee’s actions, asserting, “It is not unusual to skip the seniority principle.” He referenced past appointments of high court chief justices that followed similar practices. Furthermore, Iqbal emphasized the need for strong leadership to address polarization within the judiciary and restore harmony.
Committee’s Composition and Boycott
The nomination followed two rounds of in-camera meetings of the parliamentary panel. Notably, the PTI-backed Sunni Ittehad Council (SIC) boycotted the proceedings, aligning with the party’s political committee’s decision.
The committee includes senators from various parties, including Azam Nazeer Tarar from the Pakistan Muslim League-Nawaz (PML-N), Farooq H Naek from the Pakistan Peoples Party (PPP), and Kamran Murtaza from Jamiat Ulema-e-Islam-Fazl (JUI-F). Members from the National Assembly (NA) involved in the decision include Khawaja Asif, Ahsan Iqbal, and Shaista Parvez from PML-N, alongside representatives from PPP and MQM-P.
The National Assembly Secretariat confirmed that the SIC members decided not to attend the parliamentary panel’s meeting. A sub-committee, consisting of Ahsan Iqbal, Rana Ansar, Raja Pervez Ashraf, and Kamran Murtaza, was formed to persuade SIC lawmakers to participate, but their efforts were unsuccessful.
Urgency for Appointment
As the incumbent CJP Qazi Faez Isa prepares to retire on October 25, the government faces pressure to promptly appoint a new chief justice. Previously, the senior puisne judge, Justice Mansoor Ali Shah, would have automatically succeeded CJP Isa. However, the enactment of the controversial 26th Constitutional Amendment Bill has changed this process.
New Appointment Process Under 26th Amendment
Under the new amendments to clause 3 of Article 175A, the Special Parliamentary Committee will now appoint the CJP based on a recommendation from among the three most senior judges of the Supreme Court. This process requires a two-thirds majority vote.
The timeline for appointing the new chief justice is critical. The committee must complete the process within three days before CJP Isa’s retirement. According to clause 3C of Article 175A, the committee must send the nomination within 14 days prior to the CJP’s retirement. However, the first nomination under this clause after the commencement of the Constitution (Twenty-sixth) Act 2024 must be sent within three days before the retirement.
Should the nominated judge decline the position, the committee will consider the remaining two senior-most judges for nomination. As the deadline approaches, political tensions surrounding the appointment continue to escalate.
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