Senior journalist and columnist Ansar Abbasi, associated with The News International, claimed that if the newly approved constitutional package passes, Justice Yahya Afridi could become Pakistan’s next Chief Justice.
The constitutional package, unanimously approved by the parliamentary committee last Friday, could pave the way for Justice Yahya Afridi’s appointment as Chief Justice, contingent on Parliament’s approval.
Sources within the parliamentary circles suggest that once the amendment package is ratified, the government and its allies will likely nominate Justice Afridi for the position following the retirement of the current Chief Justice, Qazi Faez Isa.
The three senior judges being considered include Justice Mansoor Ali Shah, Justice Muneeb Akhtar, and Justice Yahya Afridi. With a reputation for impartiality and a non-controversial stance, Justice Afridi stands out as a strong candidate. The proposed constitutional amendments state that a special parliamentary committee will recommend the selection of the Chief Justice from the three senior-most Supreme Court judges.
The designated committee will propose the nominee’s name to the Prime Minister, who will then seek approval from the President. If the initial nomination is rejected, the committee will consider other senior judges until it confirms a suitable candidate for the Chief Justice role.
The constitutional package also outlines the structure of the recommending committee, which will include 12 members, predominantly from the government. This will comprise eight National Assembly members and four Senate members. If the National Assembly is dissolved, all members will come from the Senate.
The committee’s representation will mirror the proportionality of parliamentary parties, with members nominated by their respective parliamentary leaders based on the party’s strength in Parliament. The Senate Chairman and the Speaker of the National Assembly will announce the committee members.
The package stipulates that the committee must submit the new nominee’s name to the Prime Minister 14 days before the current Chief Justice retires. According to the 26th constitutional amendment, the first nomination will be made three days before the Chief Justice’s retirement.
The amendments further stipulate that the absence or vacancy of any member in the commission or committee will not invalidate any decision or action taken by the body.
