Parliamentary committee picks Justice Yahya Afridi as next CJP amid PTI-SIC boycott

• Committee's two-third majority backed Yahya's nomination: law minister.
• Ahsan Iqbal says "merit-based decision" to end polarisation in SC benches.
• PTI-backed SIC boycotts sessions, announces protest movement.

ISLAMABAD: The Special Parliamentary Committee, constituted for the first time in the country’s history for the appointment of Chief Justice of Pakistan (CJP), has agreed on the name of Justice Yahya Afridi as the next top judge of the country.

The committee has sent its recommendation for Yahya Afridi to Prime Minister Shehbaz Sharif.

“Justice Afridi’s nomination has been sent to the prime minister with a two-third majority,” Law Minister Azam Nazeer Tarar said while speaking to reporters after the meeting. 

The development came after two rounds of in-camera meeting of the parliamentary panel with the Pakistan Tehreek-e-Insaf (PTI)-backed Sunni Ittehad Council (SIC) boycotting the proceedings "in line with the party's political committee's decision".

Reacting to the development, PTI leader Hamid Khan said that they will strongly condemn the nomination and launch a protest movement.

However, he hoped that Justice Afridi will not accept the nomination as chief justice. “Such a move aimed at creating division within the Supreme Court.”

Meanwhile, Planning Minister Ahsan Iqbal has rejected the opposition’s allegations of creating a “constitutional crisis” by picking a chief justice after neglecting the seniority principle.

Speaking to Geo News, Iqbal criticised that the Imran Khan-founded party was seemingly eyeing to tow its political agenda via a specific nomination for the new CJP.

He defended the Special Parliament Committee for nominating Justice Afridi as the new top judge, saying that the decision was taken on merit.

He was of the view that it was not an unusual practice to skip seniority principle as the country witnessed such examples for the appointments the chief justices of the high courts.

The minister further said that the country needed a statesmanship and a strong leadership to end polarisation in the top court’s benches and judicial system besides strengthening the judiciary and bringing harmony to the institution. 

The first in-camera session of the parliamentary panel comprising was held at room no 5 of the Parliament House earlier today. However, the SIC members skipped the meeting, prompting the committee members to meet again tonight.

In a statement earlier, the National Assembly Secretariat said that the SIC members have taken final decision not to attend the parliamentary panel’s meeting. “The committee has been apprised of the SIC’s decision.”

The secretariat noted that a sub-committee, comprising four members — Ahsan Iqbal, Rana Ansar, Raja Pervez Ashraf and Kamran Murtaza, was constituted to convince the SIC lawmakers to attend the meeting, “but to no avail.”

During their meeting with SIC members, the statement noted, Barrister Gohar Ali Khan said that they would not attend the parliamentary committee’s session in line with the PTI’s political committee decision.

Meanwhile, Ahsan Iqbal — while talking to journalists — regretted the SIC’s decision and said that they left no stone unturned in convincing the PTI-backed lawmakers to attend the meeting.

“The committee will decide on the CJP’s name today,” he said, adding that they have the required two-thirds majority for the decision.

He further said that the committee will forward the name to Ministry of Parliamentary Affairs today through NA Secretariat.

Subsequently, the remaining nine committee members reconvened the meeting to nominate the next chief justice. 

Speaking to journalists after first round of meeting, Law Minister Azam Nazeer Tarar noted that nine members of the Special Parliamentary Committee attended the proceedings.

He added that the required number is present and the committee’s proceedings would not come to a halt. “However, we are democratic-minded people and the beauty of democracy is to unite everyone.”

The minister said that four committee members were requested to visit PTI-SIC lawmakers' chambers and convince them to reconsider their decision and attend the meeting.

CJP's appointment  

The government is racing against time to appoint the new top judge as the incumbent CJP Qazi Faez Isa is set to retire on October 25. Under the previous law, the incumbent CJP would have been automatically replaced by the senior puisne judge — Justice Mansoor Ali Shah.

However, the method has been changed following the enactment of the contentious 26th Constitutional Amendment Bill.

Under amendments to clause 3 of Article 175A, the top judge will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior judges of Supreme Court” with two-thirds majority.

After Justice Shah, the next two senior judges were Justice Munib Akhtar and Justice Yahya Afridi.

The committee consists of senators Azam Nazeer Tarar from the Pakistan Muslim League-Nawaz (PMLN), Farooq H Naek from Pakistan Peoples Party (PPP), Syed Ali Zafar from Pakistan Tehreek-e-Insaf (PTI), and Kamran Murtaza Jamiat Ulema-e-Islam-Fazl (JUI-F).

Meanwhile, members of the NA from PML-N include Khawaja Asif, Ahsan Iqbal and Shaista Parvez; Raana Ansar from Muttahida Qaumi Movement-Pakistan (MQM-P), Syed Naveed Qamar and Raja Pervez Ashraf from PPP, and Barrister Gohar Ali Khan and Sahibzada Hamid Raza from the Sunni Ittehad Council (SIC).

It may be pointed out that the process for appointment of the new chief justice is required to be completed in the next three days as incumbent CJP Isa is going to retire on October 25.

As per clause 3C of Article 175A, the committee by the majority of not less than two-thirds of its total membership, within 14 days prior to retirement of the CJP would send the nomination. However, the first nomination under clause 3 after commencement of the Constitution (Twenty-sixth) Act 2024 would be sent within three days prior to retirement of the chief justice.

However, the clause (3) of Article 175A also mentioned that if the nominee from amongst three senior most judges declines, the remaining judges from amongst three senior most judges would be considered for nomination.

Earlier, the former ruling party had announced that it would not participate in the Special Parliamentary Committee meeting.

The decision was announced by PTI Central Information Secretary Waqas Akram following the party’s political committee meeting.

PM Shehbaz emphasises 'quick justice' 

After the successful legislation of the 26th Constitutional Amendment, Prime Minister Shehbaz Sharif has said the legal reforms will ensure quick redressal of people's cases pending with the judiciary.

"With the 26th Constitutional Amendment, the people will get quick justice from the judicial system," said the premier, while addressing a meeting of federal cabinet on Tuesday.

He added that the establishment of constitutional benches would offer convenience to the common man.

The prime minister's remarks came after the ruling coalition succeeded in pushing the highly contentious judicial reforms through the parliament via a two-third majority with 225 and 65 votes in the lower and upper house, respectively.

Under the judicial reforms — opposed by the Pakistan Tehreek-e-Insaf (PTI) which boycotted the voting process — the chief justice of Pakistan will now be selected by a parliamentary committee and have a fixed term of three years.

HRCP concerned over impact of 26th Constitutional Amendment

Meanwhile, the Human Rights Commission of Pakistan (HRCP) expressed strong reservations over certain aspects of the Constitution (Twenty-Sixth Amendment) Act 2024.

Although the amendments are more tempered than those proposed in earlier drafts, the human rights watchdog expressed fear that the law will erode judicial independence has not been allayed, HRCP Chairman Ahsan Iqbal Butt said in a statement on Tuesday.

"First, the manner in which constitutional benches are to be established, as well as their composition, raise serious concerns that, in practice, the credibility of these benches may be compromised by direct political influence," he added.

Second, the composition of the Special Parliamentary Committee that will nominate the chief justice of Pakistan (comprising members of the Senate and National Assembly according to their parties' proportional representation) "gives the government of the day a dangerous advantage, potentially subjugating the judiciary in contravention of Pakistan's obligations under Article 14 of the ICCPR", it said.

It read that the HRCP does not object to the amendment to Article 184(3) under which constitutional benches cannot exercise suo moto jurisdiction.

The HRCP showed deep concerns about the opposition's allegations of coercion with respect to supporting the passage of the Act.

"These are extremely serious and must weigh on the conscience of those who proposed the Act. Such allegations must not be dismissed out of hand," Butt said.

The human rights watchdog reiterated that the absence of careful and sustained public debate on a single, official version of the bill — which any constitutional amendment warrants — also raised questions as to the legitimacy of its intent.