Justice Yahya Afridi, nominated by a Special Parliamentary Committee (SPC) last night, will be sworn in as Pakistan’s next Chief Justice on Saturday.
Chief Justice Qazi Faez Isa will retire from the apex position on October 25.
Under the newly passed 26th Amendment, the top judge will now be “appointed based on the Special Parliamentary Committee’s recommendation, selecting from the three most senior Supreme Court judges.”
Traditionally, the president appointed the “most senior judge of the Supreme Court” as the Chief Justice, Mansoor Ali Shah.
Justice Afridi ranks third in seniority on the Supreme Court bench (excluding the incumbent Chief Justice), with Justice Munib Akhtar being the second most senior among those considered by the SPC.
Today, President Asif Ali Zardari confirmed the appointment announced by the Ministry of Law and Justice under clause 3 of Article 175A, in conjunction with Articles 177 and 179 of the Constitution.
President Zardari has also set October 26 as the date for Justice Afridi’s oath-taking ceremony.
However, clause (3) of Article 175A outlines conditions for if a judge nominated by the SPC declines the position. According to the amendment, one of the remaining two judges will be nominated should the initial nominee decline. If they also decline, the third judge may be offered the position. Should all three refuse, the next in seniority after the top three may be considered.
