ISLAMABAD: Justice Yahya Afridi is poised to be appointed as the next Chief Justice of Pakistan, contingent upon the passage of a constitutional package that received unanimous approval from the parliamentary committee on Friday.
Sources from the treasury benches have indicated that the government and its allies plan to nominate Justice Yahya Afridi if the constitutional amendment package is enacted. Following the retirement of current Chief Justice Qazi Faez Isa, the three senior judges eligible for the CJP position will be Justice Mansoor Ali Shah, Justice Munib Akhtar, and Justice Yahya Afridi. Notably, Justice Afridi has maintained a non-controversial and neutral stance during recent divisions among apex court judges.
The proposed constitutional changes outline that the Chief Justice of Pakistan will be appointed based on recommendations from a Special Parliamentary Committee, which will select from among the three most senior judges of the Supreme Court. This committee will then forward its nominee to the Prime Minister, who will ultimately send the nomination to the President for formal appointment. If the nominated judge declines, the committee will consider the next most senior judge and continue this process until a new Chief Justice is appointed.
The constitutional package also details the composition of the committee responsible for recommending the new Chief Justice, ensuring a majority from the treasury benches. It specifies that the Special Parliamentary Committee will consist of twelve members: eight from the National Assembly and four from the Senate. In the event that the National Assembly is dissolved, the committee will comprise only Senate members.
Regarding the representation of political parties within this crucial committee, the package states that each parliamentary party will have proportional representation based on their strength in the Majlis-e-Shoora (Parliament), with members nominated by their respective parliamentary leaders. The Chairman and Speaker of the National Assembly will be responsible for notifying the committee’s members.
The package also mandates that the committee must submit its nomination to the Prime Minister at least fourteen days before the retirement of the Chief Justice. However, the first nomination following the passage of the 26th Constitutional Amendment must be sent within three days prior to the Chief Justice’s retirement.
Additionally, the package asserts that any actions or decisions made by the Commission or Committee cannot be invalidated or questioned solely due to the existence of a vacancy or the absence of a member during any meeting.
