ISLAMABAD: Justice Yahya Afridi could possibly be appointed as the next Chief Justice of Pakistan if the constitutional package, approved unanimously by the Parliamentary Committee, is passed by Parliament.
Senior journalist Ansar Abbasi revealed in his report, citing sources from government parliamentarians, that after the amendment package is approved in the coming days, the government and its allies may appoint Justice Yahya Afridi as the Chief Justice of Pakistan.
Justices Mansoor Ali Shah, Muneeb Akhtar, and Yahya Afridi will be considered for the post of Chief Justice following the retirement of the current Chief Justice, Qazi Faez Isa.
In recent times, when Supreme Court judges have been highly divided, Justice Afridi has remained uncontroversial and impartial. The proposed constitutional amendments state that the Chief Justice of Pakistan will be appointed from among the three most senior judges of the Supreme Court on the recommendation of a special parliamentary committee.
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The committee formed for this purpose will send the name of the nominated judge to the Prime Minister, and then approval will be sought from the President. If the nominated judge’s name is rejected, the name of the next senior judge will be considered by the committee until a Chief Justice of Pakistan is appointed.
The proposed package also outlines the procedure for forming the committee to present the name of the new Chief Justice. According to the constitutional package, the committee will have more government members. The Special Parliamentary Committee will consist of 12 members, including 8 from the National Assembly and 4 from the Senate.
If the National Assembly is dissolved, all the members of the committee will be from the Senate. Regarding the representation of members on this committee, it is stated that each parliamentary party will receive proportional representation, and members will be nominated by parliamentary leaders in proportion to their party’s strength in Parliament.
The committee members will be announced by the Senate Chairman and the Speaker of the National Assembly. The constitutional package also states that, by a majority of its total membership, the committee will send the name of the newly nominated judge to the Prime Minister 14 days before the retirement of the Chief Justice of Pakistan.
However, after the passage of the 26th constitutional amendment, the first nomination will be sent three days before the retirement of the Chief Justice of Pakistan. The package also states that any decision or action of the commission or committee, due to a vacancy or absence of any member, shall not be questioned or considered illegal.
Who is Mr. Justice Yahya Afridi?
Mr. Justice Yahya Afridi was born in Dera Ismail Khan on 23rd January 1965. He belongs to the Adam Khel section of the Afridi tribe in the Kohat Frontier Region and is a resident of Village Babari Banda, District Kohat. He comes from a family with a tradition of public service.
According to the Supreme Court’s official website, His Lordship received his early education at Aitchison College, Lahore. He earned his Bachelor of Arts in Political Science and Economics from Government College, Lahore, and later obtained his Master of Arts degree in Economics from Punjab University, Lahore.
After being awarded a Commonwealth Scholarship, Justice Afridi completed his LL.M. from Jesus College, University of Cambridge. He was subsequently selected for a scholarship program for Young Commonwealth Lawyers at the Institute of Legal Studies in London.
Justice Yahya interned at Fox & Gibbons, Solicitors, in London before returning to Pakistan, where he joined Orr, Dignam & Co. in Karachi as an Associate. He then started his private practice in Peshawar and lectured at Khyber Law College, University of Peshawar, where he taught International Law, Labour Law, and Administrative Law.
He was enrolled as an advocate of the High Court in 1990 and as an advocate of the Supreme Court in 2004. He served as an Assistant Advocate General for the province of Khyber Pakhtunkhwa and as a Federal Counsel for the Government of Pakistan during his practice.
Justice Yahya Afridi was elevated to the Bench of the Peshawar High Court as an Additional Judge in 2010 and was confirmed as a Judge of the Peshawar High Court on 15th March 2012.
He became the first judge from the Federally Administered Tribal Areas to assume the office of Chief Justice of the Peshawar High Court when he took oath on 30th December 2016. He served in that office until his elevation as a Judge of the Supreme Court of Pakistan on 28th June 2018.
