Justice Yahya Afridi to take oath as CJP on Oct 26 after president approves appointment

Justice Yahya Afridi, who was nominated by a Special Parliamentary Committee (SPC) last night, is set to take oath as the next chief justice of Pakistan (CJP) on Saturday.

CJP Qazi Faez Isa is set to retire as the top judge on October 25.

Following the passage of the 26th Amendment, the top judge was to now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” SC judges.

Previously, the president used to appoint the “most senior judge of the Supreme Court” as the CJP, according to which senior puisne judge Mansoor Ali Shah was earlier set to assume the position.

Justice Afridi is the third judge on the SC seniority list (excluding the incumbent CJP), with Justice Munib Akhtar being the second most senior judge among those considered by the SPC.

President Asif Ali Zardari appointed Justice Afridi as the CJP under clause 3 of Article 175A read with Articles 177 and 179 of the Constitution, according to a notification issued by the Ministry of Law and Justice today.

It stated that the president was pleased to appoint Justice Afridi as the next chief justice “for a term of three years with effect from” October 26.

In a post on X, PTV News said President Zardari also approved October 26 as the date for administering Justice Afridi the oath for the role.

However, a provision in clause (3) of Article 175A details scenarios in case the judge nominated by the SPC “declines” to assume the role.

As per the amendment, in case the first nominee declines, one judge from the remaining two shall be nominated. If they too decline, the job may be offered to the third judge. And in case all three refuse, the next in the seniority line after the top three can also be brought into contention.

Born on Jan 23, 1965, Justice Afridi is set to become the 30th CJP. He took oath as the youngest chief justice of the Peshawar High Court in December 2016, and then was elevated to the Supreme Court in June 2018.

‘Major advantage for judiciary’

Information Minister Attaullah Tarar said the nomination had been made in an “extremely transparent and democratic manner while considering the parliament’s supremacy under the new constitutional amendment”.

“Looking at the principle of seniority, it can be inferred that Saqib Nisar did not elevate Justice Yahya Afridi to the Supreme Court even though he was senior to Justice Mansoor Ali Shah and Justice Munib Akhtar,” he claimed in a post on X.

The Sindh Bar Council (SBC) welcomed the nomination, terming it a “major advantage for the judiciary and the nation as a whole”.

A statement issued by SBC Acting Secretary Rustam Bhutto noted that Justice Afridi had “remarkable wisdom but most importantly, he is a man of character”.

He possessed the “strength of understanding the law in such a way that achieves fairness and justice making him an ideal individual for this critical role”, the SBC added.

It expressed the hope for a “positive change in Pakistan’s judicial context that Justice Afridi would bring”.

Parliamentary committee meeting

The SPC decision was taken on late Tuesday night during an in-camera meeting of the panel held at Parliament House.

The SPC, formed for the first time on Monday by National Assembly Speaker Ayaz Sadiq, comprises eight MNAs and four senators nominated by their respective parliamentary leaders.

Political parties, both from the government and the opposition, have representation in the committee based on their strength in the parliament.

However, despite efforts to convince it to attend the meeting, the PTI and its ally Sunni Ittehad Council (SIC) stayed away from the proceedings to protest the constitutional amendments that gave birth to the committee.

In the absence of the PTI and SIC, only nine members met. Out of them, eight voted for Justice Afridi, while the lone voice in support of senior puisne judge Mansoor Ali Shah was from JUI-F leader Kamran Murtaza, sources told Dawn.

The committee officially comprises PML-N’s Khawaja Asif, Ahsan Iqbal, Shaista Pervaiz Malik and Azam Nazeer Tarar; PPP’s Raja Pervez Ashraf, Naveed Qamar and Senator Farooq H. Naek; SIC’s Hamid Raza; PTI-affiliated MNA Gohar Khan and Senator Ali Zafar; Muttahida Qaumi Movement-Pakistan MNA Rana Ansar; and Jamiat Ulema-i-Islam-Fazl Senator Kamran Murtaza.

More to follow