Islamabad: A special parliamentary committee on Tuesday, selected Justice Yahya Afridi as the next chief justice of Pakistan. The decision comes following recent amendments to the constitution that granted the committee the authority to appoint the top judge.
The committee met to choose from among the three most senior Supreme Court judges, following the recent 26th Constitutional Amendment. This amendment introduced significant changes to the judiciary, including the establishment of a Special Parliamentary Commitee (SPC) for the appointment of the chief justice, replacing the previous seniority principle where the most senior judge automatically assumed the role.
According to Dawn, the initial in-camera meeting of the parliamentary panel, which includes both government and opposition members, took place in the afternoon at the Parliament House.
However, members of the opposition Pakistan Tehreek-e-Insaf (PTI)-backed Sunni Ittehad Council boycotted the initial meeting, leading to a second session.
Justice Yahya Afridi was chosen over Justice Mansoor Ali Shah, who was previously in line to become chief justice under the old system. The new process marks a significant shift in the judiciary’s leadership selection, as it was previously determined by seniority.
The committee’s decision will now be forwarded to the prime minister and then to the president for final approval. The appointment is expected to take effect on October 25, when the current chief justice, Qazi Faez Isa, retires.
Under amendments to clause 3 of Article 175A, instead of the president appointing the “most senior judge of the Supreme Court” as chief justice, the top judge will now be “appointed on the recommendation of the Special Parliamentary Committee from among the three most senior” judges of the Supreme Court. Following Justice Shah, the next two senior apex court judges are Justices Munib Akhtar and Yahya Afridi.
According to the new clause 3C of Article 175A, the first nomination following the implementation of the amendment must be submitted “within three days prior to the retirement” of the outgoing chief justice, setting tonight as the deadline for the nomination.
The committee’s role is to vet the top three senior judges. Once a name is finalised, it will be sent to the prime minister, who will then forward it to the president for appointment. This new process represents a significant departure from the judiciary’s long-standing autonomy in determining its leadership.
Evidently frustrated with judicial overreach, Pakistan’s parliament has attempted to curtail the judiciary’s influence in political and governance matters, which the courts have been accused of exercising in recent years.
