Justice Yahya Afridi has been nominated as the new Chief Justice of Pakistan by the parliamentary committee tasked with overseeing judicial appointments.
The decision was made during a committee meeting held on Tuesday at the Parliament House in Islamabad, where members evaluated the qualifications of three senior Supreme Court judges.
The Ministry of Law presented details regarding Justice Mansoor Ali Shah, Justice Munib Akhtar, and Yahya Afridi for consideration. Ultimately, the committee, enjoying a two-thirds majority, chose to endorse Yahya Afridi for the position.
Senator Azam Nazeer Tarar confirmed that the committee had sent the nomination of Yahya Afridi to Prime Minister Shahbaz Sharif for further action.
The committee included members from the Pakistan Muslim League-Nawaz, such as Khawaja Muhammad Asif, Ahsan Iqbal, Shaista Pervaiz Malik, and Azam Nazeer Tarar, along with representatives from the Pakistan People’s Party and other political factions
PTI’s Boycott and Political Implications
Notably, members of the Pakistan Tehreek-e-Insaf (PTI), including Barrister Gohar Ali Khan, chose to boycott the committee meeting and did not attend. This refusal to participate aligns with the party’s ongoing stance against what they deem unconstitutional proceedings.
In accordance with the 26th Constitutional Amendment, the government is mandated to issue the notification for the new Chief Justice three days before the current Chief Justice’s term ends. This three-day stipulation applies only to the current appointment; in the future, the appointment must occur at least fifteen days prior to the termination of the outgoing Chief Justice’s tenure.
Next Steps in the Appointment
Once the Chief Justice’s name is recommended by the committee, it will be forwarded to Prime Minister Shahbaz Sharif, who will then advise the President of Pakistan. Following the President’s signature on the advice, the Ministry of Law will issue the official notification for the new Chief Justice.Justice Yahya Afridi, who is scheduled to take the oath of office on October 26, 2024, is distinguished as the first judge from the Federally Administered Tribal Areas (FATA) to serve as Chief Justice of the Peshawar High Court and was appointed to the Supreme Court in 2018.
Another Controversy
The parliamentary committee’s decision has drawn significant attention, especially in light of the PTI’s refusal to engage in the process. Barrister Gohar explained, “The parliamentary committee has determined that the amendment bill is unconstitutional, and we do not recognize it. Therefore, we view any changes to the Chief Justice appointment process as illegal and unconstitutional. We will not be a part of it.”Senator Kamran Murtaza noted that PTI remains resolute in its decision not to attend the committee meetings, highlighting the ongoing tensions within Pakistan’s political framework surrounding judicial appointments and constitutional integrity.
Future Implications
As the political landscape continues to shift, the implications of Justice Yahya Afridi’s appointment are yet to unfold, particularly as the PTI maintains its stance against what it perceives as unconstitutional actions by the current government. The selection of Yahya Afridi as Chief Justice could potentially influence the future of Pakistan’s judiciary and its relationship with the legislative framework.
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