Special Parliamentary Committee nominates Justice Yahya Afridi as next Chief Justice of Pakistan

Under the 26th Constitutional Amendment, newly-appointed Special Parliamentary Committee has nominated Justice Yahya Afridi as the 30th chief justice of Pakistan with two third majority, reported 24NewsHD TV channel.

The 12-member Special Parliamentary Committee met at the Parliament House on Tuesday. The in-camera meeting of the parliamentary panel comprising government and opposition members held at room no 5 of the Parliament House. However, the members belonging to the opposition PTI-backed Sunni Ittehad Council (SIC) skipped the meeting, prompting the committee members to meet again later at 8:30pm.

At the end of the meeting Law Minister Azam Nazir Tarar told media that after reviewing the profiles of the three senior judges, the committee approved Justice Yahya Afridi's nomination with a two-thirds majority and forwarded his name to the Prime Minister for final approval. Justice Afridi’s appointment is expected to proceed to the President for formalisation once approved by the Prime Minister.

CJP Qazi Faez Isa is set to retire as the top judge on October 25. Senior puisne judge Justice Mansoor Ali Shah was previously set to be the next CJP under the seniority principle. However, the newly enacted 26th Constitutional Amendment has brought numerous changes about the judiciary, among which is the process of appointing the CJP.

Under amendments to clause 3 of Article 175A, instead of the president appointing the “most senior judge of the Supreme Court” as the CJP, the top judge will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” SC judges. After Justice Shah, the next two senior apex court judges are Justices Munib Akhtar and Yahya Afridi.

Under a new clause 3C of Article 175A, the first nomination after the Amendment was in force is to be sent “within three days prior to the retirement” of the outgoing CJP.

The SPC, which was formed a day ago by National Assembly Speaker Ayaz Sadiq, comprises eight MNAs and four senators nominated by their respective parliamentary leaders. Political parties have representation in the committee based on their strength in the parliament.

The committee comprises PML-N’s Khawaja Asif, Ahsan Iqbal, Shaista Pervaiz Malik and Senator Azam Nazeer Tarar; PPP’s Raja Pervez Ashraf, Naveed Qamar and Senator Farooq H. Naek; Sunni Ittehad Council’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’s Senator Kamran Murtaza.

 Early life and education

 Born on January 23, 1965, in Dera Ismael Khan, Justice Afridi has a strong educational foundation. He completed his primary education at Aitchison College, Lahore, and graduated from Government College Lahore. He later earned a Master of Arts in Economics from Punjab University.

His academic pursuits took him further afield when he received a Commonwealth Scholarship to pursue an LL.M. from Jesus College at the University of Cambridge.

 Legal career

 Justice Afridi commenced his legal career in 1990 when he was enrolled as an advocate in the Peshawar High Court. His dedication to the law saw him rise through the ranks; by 2004, he was practicing as an advocate in the Supreme Court. His legal expertise also included a role as Assistant Advocate General for Khyber Pakhtunkhwa.

In 2010, he was appointed as an Additional Judge of the Peshawar High Court, a position he held until he was confirmed as a Permanent Judge on March 15, 2012. He became the Chief Justice of the Peshawar High Court on December 30, 2016, making history as the first judge from the Federally Administered Tribal Areas to assume this position.

 Supreme court tenure

 Justice Afridi was appointed to the Supreme Court of Pakistan on June 28, 2018. Since then, he has been involved in several high-profile cases, including his participation in the larger bench that heard the presidential reference regarding the execution of former Prime Minister Zulfikar Ali Bhutto. Notably, he wrote a dissenting note in the judgment concerning reserved seats in the Sunni Union Council case.

His legal opinions and contributions have been marked by a focus on administrative law and the intersection of law and public service. Afridi's background as a lecturer at Khyber Law College, University of Peshawar, where he taught International Law, Labour Law, and Administrative Law, showcases his commitment to nurturing the next generation of legal minds.

 Personal background

 Justice Yahya Afridi hails from a family with a rich tradition of public service, belonging to the Adam Khel section of the Afridi tribe located in the Kohat Frontier Region. His upbringing in such a family has undoubtedly influenced his commitment to justice and service to the nation.