Pakistan's Special Parliamentary Committee Nominates Justice Yayha Afridi as Next Chief Justice

The Special Parliamentary Committee in Pakistan has selected Justice Yayha Afridi as the new chief justice. This decision follows the recent 26th Constitutional Amendment, which altered the process for appointing the chief justice. Previously, the senior-most judge automatically assumed this role. Now, a Special Parliamentary Committee nominates the chief justice from among the three most senior Supreme Court judges.

"Justice Afridi’s nomination has been sent to the prime minister with a two-thirds majority," stated Law Minister Azam Nazeer Tarar, according to Geo News. The committee's decision came after two rounds of in-camera meetings. The Pakistan Tehreek-e-Insaf-backed Sunni Ittehad Council boycotted these sessions, aligning with their political committee's stance.

Amendment Impact on Judiciary

The amendment to clause 3 of Article 175A changes how the chief justice is appointed. Instead of the president appointing the most senior judge, the Special Parliamentary Committee now recommends one of the three most senior judges. This marks a shift from previous practices and aims to reduce judicial overreach in political matters.

The first in-camera session took place earlier in the day at Parliament House, but SIC members did not attend. This led to another meeting later that night. The current chief justice, Qazi Faez Isa, will retire on October 25. Under old rules, Justice Mansoor Ali Shah would have been next in line.

Reactions and Protests

Hamid Khan expressed strong disapproval of Justice Afridi's nomination and announced plans for a protest movement. He hoped Justice Afridi would decline the nomination, suggesting it could cause division within the Supreme Court. Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur also threatened protests against the 26th Amendment.

Gandapur accused the government of appointing judges to secure favourable rulings and vowed to challenge what he called an unconstitutional amendment. The new process represents a significant change from how judicial leadership was traditionally determined, reflecting parliament's attempt to limit judicial influence in governance.

The deadline for sending nominations was set for three days before the outgoing chief justice's retirement, as per clause 3C of Article 175A. This deadline was met with Justice Afridi's nomination being sent by tonight.

This development highlights a shift in Pakistan's judiciary system, aiming to balance power between branches of government. The amendment seeks to address concerns over judicial influence in political affairs while ensuring a transparent selection process for top judicial positions.