The next chief justice of Pakistan (CJP), Justice Yahya Afridi, was nominated by a Special Parliamentary Committee (SPC) Friday night and is scheduled to take the oath of office on Saturday.
On October 25, CJP Qazi Faez Isa will step down as chief justice.
The top judge was to be “appointed on the recommendation of the Special Parliamentary Committee from among the three most senior” SC judges after the 26th Amendment was passed.
Senior puisne judge Mansoor Ali Shah was previously scheduled to take the office of CJP, which was previously filled by the president designating the “most senior judge of the Supreme Court.”
Justice Afridi is the third judge on the SC seniority list (excluding the incumbent CJP), with Justice Munib Akhtar being the second most senior judge among those considered by the SPC.
President Asif Ali Zardari appointed Justice Afridi as the CJP under clause 3 of Article 175A read with Articles 177 and 179 of the Constitution, according to a notification issued by the Ministry of Law and Justice today.
It stated that the president was pleased to appoint Justice Afridi as the next chief justice “for a term of three years with effect from” October 26.
However, a provision in clause (3) of Article 175A details scenarios in case the judge nominated by the SPC “declines” to assume the role.
As per the amendment, in case the first nominee declines, one judge from the remaining two shall be nominated. If they too decline, the job may be offered to the third judge. And in case all three refuse, the next in the seniority line after the top three can also be brought into contention.
Born on Jan 23, 1965, Justice Afridi is set to become the 30th CJP. He took oath as the youngest chief justice of the Peshawar High Court in December 2016, and then was elevated to the Supreme Court in June 2018.